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2002-03-19 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: MARCH 19, 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. Oakmont Enterprises, Inc., vs. City of Southlake, and Sabre, Inc. b. Hanson Aggregate Central, Inc., vs. City of Southlake c. Seek advice from attorney regarding City of Denton legal action against TXU for delinquent electric and gas franchise fees. d. Consider claim against Botanical Technologies, Inc. 2. 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, David Whitington, Christ Our King Church 4. REPORTS: A. Mayor's Report • Presentation to Tad Stephens 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 March 19, 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 March 5, 2002. B. Award of Professional Services agreement to Stantec Consulting, Inc., for citywide pavement management program. C. Ordinance No. 480 -392, 1 Reading (ZA02 -001) Zoning Change for Torian Lane, Tracts 1Q and 1R, Francis Throop Survey, Abstract No. 1511, located 500' west and approximately 650' north of the intersection of East Dove Street and North Kimball Avenue on the west side of an unimproved road known as Torian Lane. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -1A" Single Family Residential District. SPIN Neighborhood #3. (Public Hearing is set for the April 1, 2002, City Council meeting) D. Ordinance No. 480 -391, 1 Reading (ZA01 -134) Zoning Change for I.G. Belcher, Tract 32, Abstract 30, located approximately 1,050' west of North White Chapel, Boulevard and 2,400' north of Bob Jones Road. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -1A" Single Family Residential District. SPIN Neighborhood #1. (Public Hearing is set for the April 1, 2002, City Council meeting) E. ZA01 -141, Plat Revision for Lot AR2, Block 1, Burger Addition, located at 1355 N. Peytonville. Current Zoning: "SF -1A" Single Family Residential District. SPIN Neighborhood #11. F. ZA02 -005, Plat Revision for Lots 1R and 2R, Pine Acres, located at 420 Pine Drive. Current Zoning: "SF -1A" Single Family Residential District. SPIN Neighborhood #9W. G. Ordinance No. 826, 1 Reading, Abandonment and quitclaim of a portion of the Old Shady Oaks Drive right -of -way. (Public Hearing is set for the April 1, 2002, City Council meeting) H. Resolution No. 02 -015, Authorizing the City Attorney to acquire land located at 525 N. Pearson Lane by the right of eminent domain for the construction of Johnson Road improvements. City of Southlake City Council Meeting Agenda March 19, 2002 Page 3 of 6 REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 824, 2 °a Reading, Providing authorization for Municipal Court of Record civil jurisdiction in enforcement of health and safety and nuisance abatement matters. PUBLIC HEARING B. Resolution No. 02 -017 (ZA02 -011) Specific Use Permit for Goodman's Taekwondo, USA, Inc., located at 570 North Carroll Avenue. Current Zoning: "0-1" Office District. SPIN Neighborhood #10. PUBLIC HEARING C. ZA02 -012, Revised Site Plan for Animal Emergency Hospital, located at 2340 West Southlake Boulevard (FM 1709). Current Zoning: "S -P -2" General Site Plan District Regulations with "C -2" Local Retail Commercial District uses. SPIN Neighborhood #15. PUBLIC HEARING D. Resolution No. 02 -018 (ZA02 -013) Specific Use Permit and Concept Plan for Lot 11, Block B, Commerce Business Park Addition, located at 2802 Market Loop. Current Zoning: "I -1" Light Industrial District. SPIN Neighborhood #7. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480 -275a, 1 Reading (ZA01 -124) Rezoning and Concept Plan for Remington Retirement Community located on the south side of West Southlake Boulevard (FM 1709), south of the intersection of West Southlake Boulevard (FM 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. (Public Hearing set for the April 1, 2002, City Council meeting) B. ZA01 -125, Site Plan for Remington Retirement Community located on the south side of West Southlake Boulevard (FM 1709), south of the intersection of West Southlake Boulevard (FM 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 APRIL 1, 2002, CITY COUNCIL MEETING. City of Southlake City Council Meeting Agenda March 19, 2002 Page 4 of 6 C. Ordinance No. 480 -337a, 1 Reading (ZA02 -006) Zoning Change and Concept Plan for Lot 1, Block 1, and Lot 1, Block 2, Gateway Plaza, Phase II, located on the south side of State Highway 114, the north side of East Southlake Boulevard (FM 1709), the east side of N. Nolen Drive, and the northwest corner of the intersection of East Southlake Boulevard (FM 1709) and N. Nolen Drive (south of Costco). Current Zoning: "S -P -2" Generalized Site Plan District with "C -3" General Commercial District uses. Requested Zoning: "S -P -2" Generalized Site Plan District with "C -3" General Commercial District uses. SPIN Neighborhood #7. (Public Hearing is set for the April 1, 2002, City Council meeting) D. ZA02 -017, Revised Site Plan for Lot 1, Block 1, and Lot 1, Block 2, Gateway Plaza, Phase II, located on the south side of State Highway 114, the north side of East Southlake Boulevard (FM 1709), the east side of N. Nolen Drive, and the northwest corner of the intersection of East Southlake Boulevard (FM 1709) and N. Nolen Drive (south of Costco). Current Zoning: "S -P -2" Generalized Site Plan District with "C -3" General Commercial District uses. SPIN Neighborhood #7. TABLED TO THE APRIL 1, 2002, CITY COUNCIL MEETING. 9. Resolutions: (no items for this agenda) 10. Other items for consideration. A. Approval of a Management Agreement with Stephen and Mia Poorman for management of the Southlake Tennis Center. B. Consider the process for updating the city's comprehensive plan. C. Variance request to the outdoor storage regulations of Zoning Ordinance No. 480, Section 43, for Wal -Mart to allow for the outside storage of bagged goods and swing sets, being 23.003 acres located at 200 N. Kimball Avenue. 11. Other items for discussion: (no items for this agenda) 12. Meeting Adjourned. City of Southlake City Council Meeting Agenda March 19, 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 15, 2002, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 51•!` " " " " " "4, /32t4Jk) :7> I, °•1 GO N s••.. Ki Bush s • Acting City Secretary +e! * * ....., 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 19, 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.