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2002-03-05 REGULAR CITY COUNCIL MEETING: MARCH 5, 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 551.086. 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 from attorney regarding City of Denton legal action against TXU for delinquent electric and gas franchise fees. b. Oakmont Enterprises, Inc., vs. City of Southlake, and Sabre, Inc. 2. Section 551.072 Deliberation Regarding Real Property a. Discuss acquisition of property located on Johnson Road for public works project. 3. Section 551.086 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, Bob Stith, Carroll Baptist Church 4. REPORTS: A. Mayor's Report • Proclamation for American Red Cross Month B. City Manager's Report C. SPIN Report D. Committee Reports E. Local Business Report City of Southlake City Council Meeting Agenda March 5, 2002 Page 2 of 6 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 February 19, 2002. B. Resolution No. 02 -012, Appointment of Deputy Mayor Pro Tem. C. Approve recommendation to move April 2, 2002, City Council meeting to April 1, 2002. D. Award of contract to Marpave, Inc., for the construction of the North Peytonville Avenue Rehabilitation Project from Raven Bend Court to Dove Street with a 12- inch water line and storm drainage improvements in Vista Trails subdivision. E. Resolution No. 02 -013 (ZA01 -142) Specific Use Permit for the sale of alcoholic beverages for Little Italy restaurant, located in a portion of Building 1 -C, Lot 4, Block 1R of Southlake Town Square, Phase I. Current Zoning: "NR -PUD" Non - Residential Planned Unit Development. SPIN Neighborhood #8. TABLED TO THE FIRST CITY COUNCIL MEETING IN APRIL 2002 (date to be specified upon approval of Item #5C). F. Ordinance No. 480 -391, 1 Reading (ZA01 -124) Rezoning and Concept Plan for Remington Retirement Community, located on the south side of West Southlake Boulevard (F.M. 1709), south of the intersection of West Southlake Boulevard (F.M. 1709) and West Jellico Circle. Current Zoning: "S -P -2" Generalized Site Plan District to include personal care facility, nursing care facility, and (senior) multi- family residential uses. Requested Zoning: "S -P -2" Generalized Site Plan District to include personal care facility, nursing care facility, (senior) multi - family residential and (senior) two - family residential uses. SPIN Neighborhood #15. TABLED TO THE MARCH 19, 2002, CITY COUNCIL MEETING. G. ZA01 -125, Site Plan for Remington Retirement Community, located on the south side of West Southlake Boulevard (F.M. 1709), south of the intersection of West Southlake Boulevard (F.M. 1709) and West Jellico Circle. Current Zoning: "S -P -2" Generalized Site Plan District to include personal care facility, nursing care facility, and (senior) multi - family residential uses. Proposed Zoning: "S -P -2" Generalized Site Plan District to include personal care facility, nursing care facility, (senior) multi - family residential and (senior) two - family residential uses. SPIN Neighborhood #15. TABLED TO THE MARCH 19, 2002, CITY COUNCIL MEETING. City of Southlake City Council Meeting Agenda March 5, 2002 Page 3 of 6 REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -390, 2nd Reading (ZA01 -126) Rezoning and Revised Site Plan for Bicentennial Park located on the north side of West Southlake Boulevard (F.M. 1709), the west side of North White Chapel Boulevard, and the east side of Shady Oaks Drive. Current Zoning: "S -P -2" General Site Plan District Regulations with "CS" Community Service District uses. Requested Zoning: "CS" Community Service District. SPIN Neighborhood #10. PUBLIC HEARING. B. Resolution No. 02 -011 (ZA02 -003) Specific Use Permit for Cingular Wireless to locate an antenna in an existing tower located at Bicentennial Park which is on the north side of West Southlake Boulevard (F.M. 1709), the west side of North White Chapel Boulevard, and the east side of Shady Oaks Drive. Current Zoning: "S -P -2" General Site Plan District Regulations with "CS" Community Service District uses. Proposed Zoning: "CS" Community Service District. SPIN Neighborhood #10. PUBLIC HEARING. C. ZA01 -137, Plat Revision for Bicentennial Park, located on the east side of Shady Oaks Drive, on the north side of West Southlake Boulevard (F.M. 1709), and on the west side of North White Chapel Boulevard. Current Zoning: "S -P -1" Detailed Site Plan District Regulations with "CS" Community Service District uses. SPIN Neighborhood #10. D. Ordinance No. 480 -387, 2nd Reading (ZA01 -136) Rezoning of approximately 2.292 acres of land located at 2889 Lonesome Dove Road. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -1A" Single Family Residential District. SPIN Neighborhood #3. PUBLIC HEARING. E. Ordinance No. 480 -388, 2nd Reading (ZA01 -138) Rezoning of approximately 5.386 acres of land located at 4000 N. White Chapel Boulevard. Current Zoning: "RE" Single Family Residential Estate District. Requested Zoning: "SF -1A" Single Family Residential District. SPIN Neighborhood #2. PUBLIC HEARING. F. Ordinance No. 480 -389, 2 Reading (ZA02 -004) Rezoning of approximately 0.95 acres of land located in the 800 block of East Bob Jones Road, legally described as H.A. Throop Survey, Abstract 1237D, Tract 15. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -30" Single Family Residential District. SPIN Neighborhood #1. PUBLIC HEARING. G. ZA02 -009, Site Plan for Carroll Elementary School, located on the southwest side of the intersection of South Peytonville Avenue and West Continental Boulevard. City of Southlake City Council Meeting Agenda March 5, 2002 Page 4 of 6 Current Zoning: "CS" Community Service District. SPIN Neighborhood #16. PUBLIC HEARING. 8. Ordinances, first readings, and related items: A. Ordinance No. 824, l Reading, Providing authorization for Municipal Court of Record civil jurisdiction in enforcement of health and safety and nuisance abatement matters. (Public Hearing is set for the March 19, 2002, City Council meeting.) 9. Resolutions: A. Resolution No. 02 -014, Appointing member to SPDC to fill the unexpired term of Tad Stephens. 10. Other items for consideration: A. Request for a variance to Sign Ordinance No. 704 -A for Ron D. Groves, D.D.S., located at 2105 W. Southlake Boulevard, Suite 245. B. Authorize the Mayor to execute an Interlocal Agreement between the City of Southlake and the City of Colleyville to supply water service to the Timarron, Village H, Phase 3, Subdivision. C. Award of contract to Wright Construction, Inc., for the construction of the Johnson Road Rehabilitation Project from Pearson Lane to Randol Mill with 12- inch water line and 8 -inch sewer line. D. Consider agreement with the cities of Southlake, Westlake, Keller, and Tarrant County for the expansion of F.M. 1938. 11. Other items for discussion: (no items for this agenda) 12. Meeting Adjourned. City of Southlake City Council Meeting Agenda March 5, 2002 Page 5 of 6 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, March 1, 2002, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 55.1`►" ° ' a " ''' %, °UM/ .. (g • sh Acting City Secretary •' r''huo►a ►►► ►'' 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 March 5, 2002 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. 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. 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 551.086 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.