2002-09-03 CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: SEPTEMBER 3, 2002
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 City Attorney
a. Seek advice of city attorney regarding breach of contract by
Pinnacle Integrated Technologies, Inc.
b. Seek the advice of the attorney regarding Botanical Technologies,
Inc.
c. Seek advice of city attorney regarding pavement distress issues.
d. Gene Kalal et. al vs. City of Southlake.
e. Seek advice of the city attorney regarding Town Square
Developer's Agreement.
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, David Dyke, Refuge Church
4. REPORTS:
A. Mayor's Report
B. City Manager's Report
C. SPIN Report
D. Library Board Report
E. Committee Reports
City of Southlake
City Council Meeting Agenda
September 3, 2002
Page 2 of 4
F. 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 meeting held on August 20, 2002.
B. Approval of TXU Comprise, Settlement, and Release Agreement.
C. Variance to the Subdivision Ordinance No. 483, Section 4.01(I)2 (Plat
Expiration), as amended, extending the validity of Case No. ZA01 -087, Final Plat
for Lot 7, Block 1, Clariden Ranch, Phase 3.
D. ZA02 -071, Revised Site Plan for Big Bowl Asian Diner, located in Gateway Plaza
Phase III at the northeast corner of East Southlake Boulevard (FM 1709) and North
Nolen Drive. Current Zoning: S -P -2 General Site Plan District Regulations. SPIN
Neighborhood #8. TABLED TO THE SEPTEMBER 17, 2002, CITY
COUNCIL MEETING.
E. Resolution No. 02 -056 (ZA02 -075) Specific Use Permit to allow the sale of
alcoholic beverages at Big Bowl Asian Diner, located in Gateway Plaza Phase III at
the northeast corner of East Southlake Boulevard (FM 1709) and North Nolen
Drive. Current Zoning: S -P -2 General Site Plan District Regulations. SPIN
Neighborhood #8. TABLED TO THE SEPTEMBER 17, 2002, CITY
COUNCIL MEETING.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Approval of Crime Control FY2002 -03 Operating Budget and multi -year CIP.
PUBLIC HEARING.
B. Ordinance No. 830, 1 Reading, Annual Budget for FY2002 -03 and approving the
revised budget figures for FY2001 -02. FIRST PUBLIC HEARING.
C. Ordinance No. 831, 1 Reading, Tax Levy Ordinance. FIRST PUBLIC
HEARING.
City of Southlake
City Council Meeting Agenda
September 3, 2002
Page 3 of 4
D. Ordinance No. 483 -I, 2nd Reading, Amending Subdivision Ordinance No. 483,
Article VII, to include proposed changes to the Park Dedication Fees. PUBLIC
HEARING
E. Ordinance No. 480 -404, 2 Reading (ZA02 -046) Zoning Change and Site Plan for
Gymnastics Plus, located at 1363 Brumlow Avenue. Current Zoning: AG
Agricultural District. Amended Requested Zoning: S -P -1 Detailed Site Plan District
Regulations with 0-1 Office District uses to include Gymnastics Training Center
and Dance Training Center. SPIN Neighborhood #7. PUBLIC HEARING
8. Ordinances, first readings, and related items: (no items this agenda)
9. Resolutions:
A. Resolution No. 02 -057, Approval of Investment Policy.
10. Other items for consideration:
A. Request for a variance to Sign Ordinance No. 704 -A for Edward Jones
Investments located at 1101 E. Northeast Parkway, Suite 102.
B. Approval of payment to Cooper and Stebbins in accordance with Town Square
Developer's Agreement.
11. Other items for discussion:
A. Southlake 2025 Plan Steering Committee Selection Process.
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 August 30, 2002, at 6:00 p.m., pursuant to the
Texas Government Code, gea'• r
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i m ' ush
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Acti g City Secretary ',,,, *
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
September 3, 2002
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 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. Marcus Taylor vs. City of Southlake and TRI DAL, LTD. March 2001.
3. City of Southlake vs. Timarron et.al. May 2001.
4. Oakmont Enterprises, Inc., vs. City of Southlake, and Sabre, Inc. January 2002.
5. Leona and Raymond Fox vs. City of Southlake. April 2002.
6. David A. Gray vs. City of Southlake. April 2002.
7. Gene Kalal et. al vs. City of Southlake. August 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.