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2003-01-07 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: January 7, 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 551.087 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 Whitington, Christ Our King Church 4. REPORTS: A. Mayor's Report B. City Manager's Report C. SPIN Report D. Committee Reports E. 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: City of Southlake City Council Meeting Agenda January 7, 2003 Page 2 of 6 A. Approval of the minutes of the City Council regular meeting held on December 17, 2002. B. Authorize the Mayor to enter into a lease agreement between Harley- Davidson of Dallas and the City of Southlake for ten police traffic motorcycles. C. Authorize the Mayor to execute a commercial developer's agreement for Town Square, Block 23, a 4.65 acre site located in the southeast corner of Town Square. D. Ordinance No. 480 -224a, 2 °a Reading (ZA02 -042) Zoning Change and Concept Plan for Southlake Town Square, located on the south side of State Highway 114, north side of East Southlake Boulevard (FM 1709) and east side of North Carroll Avenue. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. Requested Zoning: NR -PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8. TABLED TO THE JANUARY 21, 2003 CITY COUNCIL MEETING. E. ZA02 -043, Development Plan for Southlake Town Square, Phase TV, located on the east side of Central Avenue, north side of East Southlake Boulevard and the south side of State Highway 114. Current Zoning: NR -PUD - Non - Residential Planned Unit Development District. SPIN Neighborhood #8. TABLED TO THE JANUARY 21, 2003 CITY COUNCIL MEETING. F. ZA02 -044, Preliminary Plat for Southlake Town Square, Phase IV, located on the east side of Central Avenue, north side of East Southlake Boulevard and the south side of State Highway 114. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. Requested Zoning: NR -PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8. TABLED TO THE JANUARY 21, 2003 CITY COUNCIL MEETING. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 837, 2 Reading, Appointing an Alternate Municipal Judge and authorizing the Mayor to execute an agreement with the Alternate Municipal Judge and providing an effective date. PUBLIC HEARING B. Resolution No. 03 -005, (ZA02 -100) Specific Use Permit for sale of alcoholic beverages at Po Melvin's Down Home Cooking, Inc., on property described as a portion of Lot 1, Block 10, Southlake Town Square, Phase II, located at 355 N. Carroll Avenue. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8. PUBLIC HEARING City of Southlake City Council Meeting Agenda January 7, 2003 Page 3 of 6 C. Resolution No. 03 -006, (ZA02 -106) Specific Use Permit for the sale of tires, batteries and automobile accessories at Car Toys on property located at 2171 East Southlake Boulevard (FM 1709) and being a portion of Lot 3, J.A. Freeman No. 529 Addition. Current Zoning: S -P -1 Detailed Site Plan District Regulations with limited C -2 Local Retail Commercial District and limited C -3 General Commercial District uses. SPIN Neighborhood #8. PUBLIC HEARING D. Ordinance No. 480 -415, 1 Reading (ZA02 -107) Zoning Change for Pecan Creek on property described as a portion of Lot 2B, Dilg Place and being approximately 0.11 acres. The property is located at 711 East Southlake Boulevard (FM 1709). Current Zoning: C -2 Local Retail Commercial District. Requested Zoning: 0-1 Office District. SPIN Neighborhood #9e. (If approved on first reading, a public hearing will be held on January 21, 2003.) E. ZA02 -051, Site Plan for Pecan Creek on property described as a portion of Lot 2A & 2B in Dilg Place and being approximately 1.74 acres. The property is located at 711 East Southlake Boulevard (FM 1709). Current Zoning: C -2 Local Retail Commercial District. SPIN Neighborhood #9e. PUBLIC HEARING F. Resolution No. 03 -004, (ZA02 -099) Specific Use Permit for the sale of alcoholic beverages on property described as a portion of Lot 2A & 2B, Dilg Place, located at 711 East Southlake Boulevard (FM 1709). Current Zoning: C -2 Local Retail Commercial and 0-1 Office District. SPIN Neighborhood #9e. PUBLIC HEARING G. ZA02 -052, Preliminary Plat for Pecan Creek on property described as Lots 2A, 2B, and 2C in Dilg Place and being approximately 9.88 acres. The property is located at 711 East Southlake Boulevard (FM 1709). Current Zoning: C -2 Local Retail Commercial District and 0-1 Office District. SPIN Neighborhood #9e. H. ZA02 -054, Plat Vacation for Lots 2A, 2B, and 2C, Block 1, Dilg Place located at 711 East Southlake Boulevard (FM 1709), and being approximately 10 acres. Current Zoning: C -2 Local Retail Commercial District and 0-1 Office District. SPIN Neighborhood #9e. 8. Ordinances, first readings, and related items: A. Ordinance No. 480 -411, 1 Reading (ZA02 -089) Zoning and Concept Plan for Shady Oaks Development on property located at 606 West Southlake Boulevard (FM 1709), being at the northwest corner of Shady Oaks Drive and West Southlake Boulevard (FM 1709), and being approximately four acres. Current Zoning: AG Agricultural District. Requested Zoning: 0-1 Office District. SPIN Neighborhood #13. (If approved on first reading, a public hearing will be held on January 21, 2003.) City of Southlake City Council Meeting Agenda January 7, 2003 Page 4 of 6 B. Ordinance No. 480 -412, 1 Reading, (ZA02 -097) Zoning Change for Tract 2A1A, A.A. Freeman Survey, Abstract No. 522 and Lot 2, A.A. Freeman No. 522 Addition being approximately 1.6 acres located at 545 and 565 North Peytonville Avenue. Current Zoning: AG Agricultural District and SF -30 Single Family Residential District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #13. (If approved on first reading, a public hearing will be held on January 21, 2003.) C. ZA02 -102, Plat Revision for Lot 2R, A.A. Freeman No. 522 Addition, being a revision of Lot 2 of the A.A. Freeman Addition and including Tract 2A1A of the A.A. Freeman Survey, Abstract No. 522 and being approximately 1.6 acres. These properties are located at 545 and 565 North Peytonville Avenue. Current Zoning: AG Agricultural District and SF -30 Single Family Residential District. Proposed Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #13. D. Ordinance No. 480 -413, 1 Reading, (ZA02 -098) Zoning Change for Tract No. 9D3, John J. Freshour Survey, Abstract No. 521 located at 2391 Florence Road, being approximately 2 acres. Current Zoning: AG Agricultural District. Requested Zoning:SF -1A Single Family Residential District. SPIN Neighborhood #15. (If approved on first reading, a public hearing will be held on January 21, 2003.) E. Variance to the Subdivision Ordinance No. 483, Section 8.01E, as amended, requiring a minimum lot width of 125 feet at the rear property line on certain lots, as it pertain to Case ZA02 -103, Plat Showing, Lot 13, J.J. Freshour No. 521 Addition, located at 2391 Florence Road, being approximately 2 acres. Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #15. F. Ordinance No. 480 -414, 1 Reading, (ZA02 -101), Zoning Change for Tract No. 2, William Martin Survey, Abstract No. 1068 located at 1850 Randol Mill Drive, being approximately 10.12 acres. Current Zoning: AG Agricultural District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #12. (If approved on first reading, a public hearing will be held on January 21, 2003.) 9. Resolutions: (There are no items under this agenda.) 10. Other items for consideration: A. Approval of a variance to Sign Ordinance No. 704 -A for Car Toys located at 2171 East Southlake Boulevard. 11. Other items for discussion: (There are no items under this agenda.) City of Southlake City Council Meeting Agenda January 7, 2003 Page 5 of 6 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, January 3, 2003, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ,,. ,,,,,, t ,,, ,,, do 4 J. --4,60,0 - `- OVTH•Lgk ,,,, • • Y Lori A. Farwell . • �' r v . City Secretary = '•. e 1 ** If you plan to attend this public meeting and laV "l1� 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 January 7, 2003 Page 6 of 6 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. City of Southlake vs. Timarron et.al. May 2001. 3. Oakmont Enterprises, Inc., vs. City of Southlake, and Sabre, Inc. January 2002. 4. Leona and Raymond Fox vs. City of Southlake. April 2002. 5. David A. Gray vs. City of Southlake. April 2002. 6. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 7. Richard W. Hart vs. City of Southlake. September 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.