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2003-06-03 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: June 3, 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. Receive legal advice from the City Attorney regarding enforcement of zoning ordinance provisions relating to accessory building regulations. 2. Section 551.074 Deliberation Regarding Personnel Matters a. Discuss employment of public officers. 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 - White's Chapel United Methodist Church 4. REPORTS: A. Mayor's Report B. City Manager's Report C. Parks and Recreation Board Report D. Library Board Report E. Southlake 2025 Committee Report City of Southlake City Council Meeting Agenda June 3, 2003 4. Page 2 of 4 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 May 20, 2003. B. Variance Request to the Subdivision Ordinance No. 483, Section 4.01(1)2 (Plat Expiration), as amended, extending the validity of Case No. ZA 01 -004, Plat Showing for Lots 12 through 14, O.W. Knight No. 899 Addition. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 849, 2 reading, abandoning a portion of the public right of way of Crooked Lane from approximately 466 feet south of FM 1709 to S. Nolan Drive. PUBLIC HEARING B. Ordinance No. 830 -A, 2nd Reading, Amending Ordinance No. 830, amending FY2002 -03 budget. PUBLIC HEARING C. Resolution No. 03 -036, (ZA03 -028), Specific Use Permit for the Sale of Alcoholic Beverages at Cafe Express, on property located at 1472 Main Street. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING 8. Ordinances, first readings, and related items: (there are no items on this agenda) 9. Resolutions: A. Resolution No. 03 -037, Suspending the Effective Date of TXU Gas Distribution's Requested Rate Changes to Permit The City Time to Study the Request and to Establish Reasonable Rates; Approving Cooperation with Other Cities within the TXU Gas Distribution System to Create a Steering Committee to Hire Legal and Consulting Services. City of Southlake City Council Meeting Agenda June 3, 2003 Page 3 of 4 B. Resolution No. 03 -039, Approving the terms and conditions of a program to promote economic development in the City; authorizing the Mayor to execute an agreement with Four Peaks Development, Inc.; and providing an effective date. 10. Other items for consideration: A. Approval of a variance to Sign Ordinance No. 704 -A for Southlake Town Square Farmer's Market to be located at 1245 Prospect Street. B. Approval of a variance to Sign Ordinance No. 704 -A for Snookies Bar and Grill located at 2801 East Southlake Boulevard, Suite 100. C. Approval of a variance to Sign Ordinance No. 704 -A for Tweeter Home Entertainment located at 2801 East Southlake Boulevard, Suite 180. D. Approval of a variance to Sign Ordinance No. 704 -A for Dan Sweeney State Farm Insurance located at 1500 West Southlake Boulevard, Suite 140. E. Authorize the Mayor to execute a commercial developer's agreement for Brewer Industrial Addition, Lots 1 and 2, a 3.96 acre development. 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, May 30, 2003, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ,,,,,, N►.AK •. N i i s A , hri - AFar well Tara A. mks City Sccrctary )e p U Litt/ SeUei7Jf 1 �'-.•` • ••••... ` * ��•�` ,' If you plan to attend this public meeting and have a disability 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 June 3, 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. Leona and Raymond Fox vs. City of Southlake. April 2002. 3. David A. Gray vs. City of Southlake. April 2002. 4. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 5. Richard W. Hart vs. City of Southlake. September 2002. 6. 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.