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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 o '• s • a. i m ' ush ' • ••••••.••••a ,1 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.