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2003-02-04 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: February 4, 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 City Attorney a. David A. Gray vs. City of Southlake. b. Richard W. Hart vs. City of Southlake. c. Seek the advice of the city attorney regarding ethics complaint. 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, Coy Quesenbury, Lonesome Dove Baptist Church 4. REPORTS: A. Mayor's Report B. City Manager's Report C. Parks and Recreation 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. City of Southlake City Council Meeting Agenda February 4, 2003 Page 2 of 6 5. Consent: A. Approval of the minutes of the City Council regular meeting held on January 21, 2003. B. Approval of Resolution No. 03 -016, Authorizing the Mayor to execute a quitclaim deed for a water line easement in Tract 3 of the W.E. Mayfield Addition now located in Gateway Plaza, Phase II. C. Approval of Resolution No. 03 -017, Authorizing the Mayor to execute a quitclaim deed for a water line easement in Lot 1, Block 1, Sabre Group Campus. D. Authorize the Mayor to execute an amendment to the April 30, 1996 lease agreement with Verizon Wireless for the placement of an antenna system on the Bicentennial Water Tower. E. Authorize the Mayor to execute an amendment to the July 18, 1996 lease agreement with Verizon Wireless for the placement of a wireless communication antenna system on the Florence water Tower. F. Authorize the Mayor to execute a developer's agreement for Lot 1, Block 1, Pecan Creek. G. ZA02 -108, Plat Revision For Lots 3R & 4R, Block 1, Southview Phase I on property located at 505 and 1000 South Bend Trail and being approximately 1.21 acres. Current Zoning: SF -20A Single Family Residential District. SPIN Neighborhood # 10. H. Authorize the Mayor to execute an addendum to the developer's agreement for Town Square, Phase I and Phase II. I. Resolution No. 03 -013, (ZA02 -119) Specific Use Permit for Special Events to allow a concert associated with Art in the Square on property described as Southlake Town Square, Phase I, Block 3R1, and being 5.503 acres. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8. TABLED TO THE FEBRUARY 18, 2003 CITY COUNCIL MEETING. J. Resolution No. 03 -014, (ZA02 -120) Specific Use Permit for the sale of alcoholic beverages during the special events concert associated with the events of Art in the Square on property described as Southlake Town Square, Phase I, Block 3R1. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8. TABLED TO THE FEBRUARY 18, 2003 CITY COUNCIL MEETING. City of Southlake City Council Meeting Agenda February 4, 2003 Page 3 of 6 K. Resolution No. 03 -015, (ZA02 -121) Specific Use Permit for the sale of alcoholic beverages associated with the events of Art in the Square on property described as Southlake Town Square, Phase I, being approximately 42 acres. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8. TABLED TO THE FEBRUARY 18, 2003 CITY COUNCIL MEETING. L. Ordinance No. 839, 2' Reading, Changing street names of Oaklane North and Oaklane South to Pin Oak Circle. TABLED TO THE FEBRUARY 18, 2003 CITY COUNCIL MEETING. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Discuss and consider action regarding ethics complaint against Councilmember Standerfer. B. Ordinance No. 842, 2 " Reading, finding, after reasonable notice and hearing, that TXU Gas distribution's rates and charges within the city should be changed; determining just and reasonable rates; adopting general service rates including rate adjustment provisions and miscellaneous service charges to be charged for sales and transportation of natural gas to residential, commercial and industrial customers; providing for recovery of rate case expenses; preserving regulatory rights of the city; providing for repeal of conflicting ordinances providing for an effective date. PUBLIC HEARING C. Ordinance No. 480 -224a, 2 " 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. PUBLIC HEARING D. ZA02 -043, Development Plan for Southlake Town Square, Phase 1V, 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. PUBLIC HEARING E. 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. City of Southlake City Council Meeting Agenda February 4, 2003 Page 4 of 6 F. Resolution No. 03 -008, Amendment to the currently adopted Land Use Plan creating a new land use category to be known as "Town Center" to be generally located in an area bounded by State Highway 114, North Kimball Avenue, East Southlake Boulevard (FM 1709) and North Carroll Avenue. PUBLIC HEARING G. Ordinance No. 480 -SS, 2 Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of a `Downtown' Zoning District. PUBLIC HEARING H. Resolution No. 03 -011, Approving Downtown District Design Guidelines as it pertains to development in the Downtown Zoning District. I. Ordinance No. 480 -410, 2 Reading (ZA02 -104) Zoning 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: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING J. Ordinance No. 480-231a, 2 Reading (ZA02 -094) Zoning Change and Revised Site Plan for Meadow Brook Medical Air Services on property located at 1250 West Southlake Boulevard (FM 1709), being approximately 1.34 acres. Current Zoning: S -P -1 Detailed Site Plan District Regulations with 0-1 Office District uses. Requested Zoning: S -P -1 Detailed Site Plan District Regulations with 0-1 Office District uses to include an allowance for additional storage building. SPIN Neighborhood #13. PUBLIC HEARING K. Ordinance No. 480 -416, 2nd Reading (ZA02 -115) Zoning Change for property located at 811 South White Chapel Boulevard, being approximately 2.4 acres. Current Zoning: RE Residential Estate District. Requested Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #9W. PUBLIC HEARING L. Resolution No. 03 -012, (ZA02 -117) Specific Use Permit for Churches, Synagogues, and other similar facilities for worship, fellowship, and education on property located at 525 Nolen Drive, Suite 300 for Southlake Harbor Church. Current Zoning: I -1 Light Industrial District. SPIN Neighborhood #7. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 843, 1 Reading, Consider declaring a one hundred twenty (120) day moratorium on solicitation or selling of merchandise by any individual, institution, or group organized for political, religious, charitable or profitable purposes on the streets, street right -of -ways, or medians within the City of City of Southlake City Council Meeting Agenda February 4, 2003 Page 5 of 6 Southlake. (If approved on first reading, the public hearing will be held on February 18, 2003.) 9. Resolutions: (no items on this agenda) 10. Other items for consideration: (no items on this agenda) 11. Other items for discussion: (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, January 31, 2003, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. " " ''''' " "'4 Lori A. Farwell v • • City Secretary If you plan to attend this public meeting and have a ai a bility 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 February 4, 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.