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2002-04-01 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: APRIL 1, 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 551.086 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, Matt Turner, Southlake Harbor Church 4. REPORTS: A. Mayor's Report 1. Proclamation for the Great American Cleanup 2. Presentation to Tad Stephens 3. Replacement of Town Hall flags by Cub Scouts B. City Manager's Report C. SPIN Report D. Library Board Report E. Committee Reports F. Local Business Report City of Southlake City Council Meeting Agenda April 1, 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 19, 2002. B. Resolution No. 02 -019, Appointment to the Metroport Teen Court Advisory Board to fill the unexpired term of Patsy DuPre. C. Resolution No. 02 -023, Authorizing a steering committee of affected cities to retain legal counsel and rate case consultants; authorizing the cities to intervene in related dockets before the Texas Railroad Commission; and suspending the proposed tariff and schedule of rates of TXU Gas Distribution Company. D. Award of contract to Wright Construction, Inc., for the construction of the N -4 sewer interceptor from North Kimball Avenue to Town Square at SH 114. E. Approval of the addition of a custodian for Town Hall janitorial services. F. Approval of a Professional Services Agreement with Graham and Associates, Inc., for the design of intersection improvements to FM 1709 and FM 1938 (Randol Mill). G. ZA02 -015, Site Plan for Summit Avenue Same Day Surgery — Southlake Town Square, Phase III, Block 23, located on the north side of E. Southlake Boulevard (FM 1709), approximately 600' east of Central Avenue. Current Zoning: NR -PUD Non - Residential Planned Unit Development District. SPIN Neighborhood #8. TABLED TO THE APRIL 16, 2002, CITY COUNCIL MEETING. H. Zoning Ordinance No. 480 -00, 1 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, Section 40 "Development Plans and Site Plans." TABLED TO THE APRIL 16, 2002, CITY COUNCIL MEETING. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -337a, 2nd 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 City of Southlake City Council Meeting Agenda April 1, 2002 Page 3 of 6 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 B. 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. PUBLIC HEARING C. Ordinance No. 480 -392, 2 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 D. Ordinance No. 480 -391, 2 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 E. Resolution No. 02 -021 (ZA02 -026) Specific Use Permit for Art in the Square — Special Events, on property described as Southlake Town Square, Phase I, and being 42.013 acres located on the northeast corner of the intersection of North Carroll Avenue and East Southlake Boulevard (FM 1709). Current Zoning: NR -PUD - Non - Residential Planned Unit Development District to include C -3 - General Commercial District uses. SPIN Neighborhood #8. PUBLIC HEARING F. Resolution No. 02 -022 (ZA02 -027) Specific Use Permit for Art in the Square — for the sale of alcoholic beverages during the Special Events of Art in the Square, on property described as Southlake Town Square, Phase I, and being 42.013 acres located on the northeast corner of the intersection of North Carroll Avenue and East Southlake Boulevard (FM 1709). Current Zoning: NR -PUD - Non - Residential Planned Unit Development District to include C -3 - General Commercial District uses. SPIN Neighborhood #8. PUBLIC HEARING G. Ordinance No. 826, 2 Reading, Abandonment and quitclaim of a portion of the Shady Oaks Drive right -of -way. PUBLIC HEARING City of Southlake City Council Meeting Agenda April 1, 2002 Page 4 of 6 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. (If approved on first reading, Public Hearing will be held on April 16, 2002.) 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 16, 2002, CITY COUNCIL MEETING. C. Ordinance No. 480 -393, 1 Reading (ZA02 -016) Rezoning and Concept Plan — St. John Baptist Church, being approximately 10 acres of land located on the southwest comer of Crooked Lane and S. Kimball Avenue extension. Current Zoning: I -1 - Light Industrial District. Requested Zoning: CS - Community Service District. SPIN Neighborhood #7. (If approved on first reading, Public Hearing will be held on April 16, 2002.) D. Ordinance No. 480 -394, 1 Reading (ZA02 -025) Rezoning on approximately 31 acres of land located on the northwest comer of State Highway 26 and Mustang Drive. Current Zoning: AG - Agricultural District and I -2 - Heavy Industrial District. Requested Zoning: I -1 - Light Industrial District. SPIN Neighborhood #7. (If approved on first reading, Public Hearing will be held on April 16, 2002.) E. Ordinance No. 480 -NN, 1 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, Sections 29 "MH — Manufactured Housing" district, Section 34 "Accessory Uses" and Section 44 "Board of Adjustments." (If approved on first reading, Public Hearing will be held on April 16, 2002.) F. Ordinance No. 825, 1 Reading, Prohibiting the keeping of wild and dangerous animals. (If approved on first reading, Public Hearing will be held on April 16, 2002.) City of Southlake City Council Meeting Agenda April 1, 2002 Page 5 of 6 9. Resolutions: A. Resolution No. 02 -010, Amendments to the Master Thoroughfare Plan. PUBLIC HEARING 10. Other items for consideration: A. Request for a variance to Sign Ordinance No. 704 -A for Quizno's Classic Subs located at 2301 W. Southlake Boulevard, Suite 500. 11. Other items for discussion: A. Draft Ordinance No. 480 -MM including discussion of the city's process regarding the initiation, drafting, and review of zoning ordinances 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, Texa„ ,Thursday, March 28, 2002, at 6:00 p.m., pursuant to the Texas Government Code, Chaat1411 L.1 �•, (s•• Ki Bush Acting City Secretary ,' �'i� ,,tf, �......* 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 April 1, 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.