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2002-09-17 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: SEPTEMBER 17, 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 the city attorney regarding Town Square Developer's Agreement. b. Seek the advice of the attorney regarding Botanical Technologies, Inc. c. Seek the advice of the city attorney regarding MCSI, Inc., vs. HC Beck, et. al. 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. Parks and Recreation Board Report E. Committee Reports F. Local Business Report City of Southlake City Council Meeting Agenda September 17, 2002 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. Approval of the minutes of the City Council meeting held on September 3, 2002. B. Approval of Interlocal Agreement with the City of Colleyville for GIS services. C. Ordinance No. 480 -NN, 2 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, Sections 29 "MH — Manufactured Housing" district, Section 34 "Accessory Uses" and Section 44 "Board of Adjustments." TABLED TO THE OCTOBER 15, 2002, CITY COUNCIL MEETING. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 830, 2nd Reading, Annual Budget for FY2002 -03 and approving the revised budget figures for FY2001 -02. SECOND PUBLIC HEARING B. Ordinance No. 831, 2 Reading, Tax Levy Ordinance. SECOND PUBLIC HEARING C. Approval of Resolution No. 02 -060, Bond Issue for The Clariden School. PUBLIC HEARING D. ZA02 -063, Site Plan for Cornerstone Business Park, Lots 4, 5, and 6, Block 3, located on the west side of Silicon Drive across from the intersection of Exchange Boulevard. Current Zoning: 0-1 - Office District. SPIN Neighborhood #7. PUBLIC HEARING E. 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. PUBLIC HEARING F. 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 City of Southlake City Council Meeting Agenda September 17, 2002 Page 3 of 4 Drive. Current Zoning: S -P -2 - General Site Plan District Regulations. SPIN Neighborhood #8. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 832, 1 reading, amending Chapter 18, Article III, Section 18 -80, of the Southlake City Code, to revise the limits of a designated school zone on N. White Chapel Boulevard adjacent to the Clariden School. (If approved on first reading, the public hearing will be held on October 1, 2002.) B. ZA02 -073, Plat Revision for Lot 1, Block 1, Gateway Church Addition, located at 2121 E. Southlake Boulevard (FM 1709). Current Zoning: CS - Community Service District. SPIN Neighborhood #8. 9. Resolutions: A. Resolution No. 02 -058, Appointments to 2025 Plan Steering Committee. 10. Other items for consideration: A. Request for a variance to Sign Ordinance No. 704 -A for Quizno's Classic Subs located at 2140 E. Southlake Boulevard, Suite V. B. Authorize the Mayor to execute a commercial developer's agreement for Solana Addition, Lot 1, Block 1, Verizon Wireless, Network Operations Control Center (NOCC) located at the northwest corner of Dove Street and Kirkwood Boulevard. 11. Other items for discussion: (no items 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, September 13, 2002, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. R .,(1)1/t 0: Kim Bush c > - • 1 : -. f ;( Acting City Secretary ? ()% r '�• •••..._• If you plan to attend this public m ling initdtoW a disability that requires special needs, please advise the City Secretary 48 hours in advance 81 481 and reasonable accommodations will be made to assist you. City of Southlake City Council Meeting Agenda September 17, 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. 8. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 9. MCSI, Inc., vs. HC Beck, et. al. 10. Botanical Technologies, Inc., contract dispute. 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.