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2003-06-17 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: June 17, 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 attorney a. Seek advice from the City Attorney regarding water back billing issues. b. Seek advice from the City Attorney regarding Town Square Developer's Agreement. 2. Section 551.074 Deliberation Regarding Personnel Matters a. Discuss employment of public officers. 3. 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 - White's Chapel United Methodist Church 4. REPORTS: A. Mayor's Report B. City Manager's Report 1. Life Saving Award Recognition City of Southlake City Council Meeting Agenda June 17, 2003 Page 2 of 5 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 regular meeting held on June 3, 2003. B. Cancellation or rescheduling of the July 1, 2003, City Council meeting. C. Approval of final construction payment for Dove Road widening from SH 114 transition to the Kirkwood Boulevard intersection in the amount of $369,677.49. D. Authorize the City Manager to execute a contract of sale and exchange of property between City of Southlake and Westerra Southlake, L.P., for properties located on the south side of Dove Road and west of White Chapel Boulevard. E. Ordinance No. 835, 1 reading, Abandoning and quit claiming a portion of Dove Road right -of -way. (If approved on first reading, a public hearing will be held on July 1, 2003.) F. Authorize the Mayor to execute a Residential Developer's Agreement for Patterson's Pond, a 7.934 acre, 10 -lot residential subdivision located on North Kimball Avenue south of Highland Street. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. ZA02 -110, Concept Plan for Greenway Carroll Addition located on the southeast corner of North Carroll Avenue and State Highway 114. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #8. TABLE AND CONTINUE THE PUBLIC HEARING TO THE JULY 15, 2003, CITY COUNCIL MEETING. B. Resolution No. 03 -032, (ZA02 -111) Specific Use Permit and Site Plan for a gasoline service station on the proposed Lot 1, Block 1, Greenway Carroll Addition. The property is located on the southeast corner of North Carroll Avenue and State Highway 114. Current Zoning: C -3 General Commercial District. SPIN City of Southlake City Council Meeting Agenda June 17, 2003 Page 3 of 5 Neighborhood #8. TABLE AND CONTINUE THE PUBLIC HEARING TO THE JULY 15, 2003, CITY COUNCIL MEETING. C. Resolution No. 03 -033, (ZA02 -112) Specific Use Permit for the sale of alcoholic beverages on property described as proposed Lot 1, Block 1, Greenway Carroll Addition. The property is located on the southeast corner of North Carroll Avenue and State Highway 114. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #8. TABLE AND CONTINUE THE PUBLIC HEARING TO THE JULY 15, 2003, CITY COUNCIL MEETING. D. ZA03 -003, Revised Preliminary Plat for Lots 1 and 2, Block 1 and Lot 1, Block 2, Greenway Carroll Addition, on property located on the southeast corner of North Carroll Avenue and State Highway 114 and being approximately 10.56 acres. Current Zoning: C -3 General Commercial District. SPIN Neighborhood #8. TABLE TO THE JULY 15, 2003, CITY COUNCIL MEETING. 8. Ordinances, first readings, and related items: A. Ordinance No. 480 -420, (ZA03 -020) Zoning Change and Concept Plan for Chapel Hill Office Park, on property described as Tract 5F, O.W. Knight Survey, Abstract No. 899, being approximately 4.24 acres located at 205 East Southlake Boulevard (FM 1709). Current Zoning: AG Agricultural District. Requested Zoning: S -P -2 Generalized Site Plan District. SPIN Neighborhood #9W. (If approved on first reading, a public hearing will be held on July 1, 2003.) B. Ordinance No. 480 -386A, (ZA03 -025) Zoning Change and Concept Plan for Lot 3, Block 1, Cornerstone Plaza, located on the south side of East Southlake Boulevard (FM 1709) approximately 600' east of South Nolen Drive. Current Zoning: S -P -2 Generalized Site Plan District with limited C -3 General Commercial District uses. Requested Zoning: S -P -2 Generalized Site Plan District with limited C -3 General Commercial District uses. SPIN Neighborhood #7. (If approved on first reading, a public hearing will be held on July 1, 2003.) C. ZA03 -026, Site Plan for Lot 3, Block 1, Cornerstone Plaza, located on the south side of East Southlake Boulevard (FM 1709) approximately 600' east of South Nolen Drive. Current Zoning: S -P -2 Generalized Site Plan District with limited C- 3 General Commercial District uses. SPIN Neighborhood #7. TABLE AND CONTINUE THE PUBLIC HEARING TO THE JULY 1, 2003, CITY COUNCIL MEETING. D. ZA03 -027, Plat Revision for Lot 3, Block 1, Cornerstone Plaza, being a revision of Lot 2R2, Block 5, Cornerstone Business Park, and Tract 2, Tract 2C, and a portion of Tract 2A1, T. Easter Survey, Abstract No. 474, being approximately 3.66 acres. Current Zoning: S -P -2 Generalized Site Plan District with limited C -3 General Commercial District uses. SPIN Neighborhood #7. City of Southlake City Council Meeting Agenda June 17, 2003 Page 4 of 5 E. ZA03 -036, Preliminary Plat for Saddlecreek Estates (F.K.A. Quail Hill Estates) on property described as Lots 1 through 4, Block 1, William H. Martin Survey, and being approximately 10.15 acres located on the west side of Randol Mill Road, approximately 1,800' south of West Dove Road. Current Zoning: SF -1A Single Family Residential District. SPIN Neighborhood #12. 9. Resolutions: A. Resolution No. 03 -040, Authorizing an Investment Depository. B. Resolution No. 03 -041, Authorizing the application for participation in TexSTAR. C. Resolution No. 03 -042, Authorizing the application for participation in MBIA. 10. Other items for consideration: A. Approval to enter into an interlocal agreement with St. Martin's -in- the -Field Episcopal Church for practice ballfields. B. Authorization of a variance to Sign Ordinance No. 704 -A for PETsMART, Inc., located at 200 Village Center Drive. 11. Other items for discussion: (there are 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, June 13, 2003, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. tit "g llltll### a(A 's0_ Lori A. Farwell = t /� ; cn - City Secretary : ', If you plan to attend this public meeting and hav'Paadi& sireitty 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 June 17, 2003 Page 5 of 5 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 advice 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. City of Southlake vs. Timarron et.al. May 2001. 2. Leona and Raymond Fox vs. City of Southlake. April 2002. 3. City of Southlake vs. Pinnacle Integrated Technologies, Inc. September 2002. 4. Richard W. Hart vs. City of Southlake. September 2002. 5. Architectural Utilities Limited Partnership dba AUI General Contractors vs. City of Southlake. March 2003. 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, Municipal Judge 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.