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2002-05-07 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: MAY 7, 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. David A. Gray vs. City of Southlake. 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, Coy Quesenbury, Lonesome Dove Baptist Church 4. REPORTS: A. Mayor's Report 1. Oath of Office for Councilmembers Place 1 and 6. 2. Proclamation to the Texas Girls Choir B. City Manager's Report 1. Report by Judge Carol Montgomery C. SPIN Report D. Library Board Report E. Committee Reports F. Local Business Report City of Southlake City Council Meeting Agenda May 7, 2002 Page 2 of 4 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 April 16, 2002. B. Resolution No. 02 -026, Appointment of Mayor Pro Tem and Deputy Mayor Pro Tem. C. Authorize the Mayor to execute a residential developer's agreement for Siena, a 43 -lot subdivision located on Union Church Road. D. Ordinance No. 480 -NN, 2nd 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." TABLED TO THE MAY 21, 2002, CITY COUNCIL MEETING. E. Variance to the Subdivision Ordinance No. 483, Section 4.01(I)2 (Plat Expiration), as amended, extending the validity of Case No. ZA99 -100, Plat Revision — Lot 1R2R, W.W. Hall No. 695 Addition (Crestwood Offices, Phase 2). REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Request for a variance to Lighting Ordinance No. 693 -B for Thomas Soccer Fields located at 845 S. Kimball Avenue. B. Ordinance No. 480 -395, 2nd Reading (ZA02 -020) Zoning Change and Concept Plan for Thomas Soccer Complex, being approximately 14 acres of land located on the southeast corner of Crooked Lane and S. Kimball Avenue extension. Current Zoning: I -1 - Light Industrial District. Requested Zoning: S -P -2 - General Site Plan District Regulations with I -1 - Light Industrial District uses to include indoor /outdoor soccer fields, restaurant and retail uses, and other associated support services; and specifically prohibiting sexual oriented businesses. SPIN Neighborhood #7. PUBLIC HEARING C. Ordinance No. 480 -396, 2nd Reading (ZA02 -022) Zoning Change on approximately 2.2 acres of land located at 651 E. Highland. Current Zoning: AG - Agricultural District. Requested Zoning: SF -1A - Single Family Residential District. SPIN Neighborhood #10. PUBLIC HEARING City of Southlake City Council Meeting Agenda May 7, 2002 Page 3 of 4 D. Ordinance No. 480 -397, 2nd Reading (ZA02 -024) Zoning Change on approximately 2.52 acres of land located at 1300 Shady Oaks Drive. Current Zoning: AG Agricultural District. Requested Zoning: SF -1A - Single Family Residential District. SPIN Neighborhood #13. PUBLIC HEARING E. Resolution No. 02 -025 (ZA02 -031) Specific Use Permit for Off the Vine to allow the sale of alcoholic beverages for on and off - premise consumption located at 601 E. Southlake Boulevard. Current Zoning: NR -PUD - Non - Residential Planned Unit Development District. SPIN Neighborhood #9e. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Zoning Ordinance No. 480 -00, 1 Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, Section 40 "Development Plans and Site Plans." (If approved on first reading, Public Hearing will be held on May 21, 2002.) B. ZA02 -028, Plat Revision, Lots 7R1 & 7R2, Simmons Forest, being approximately 2.2 acres of land located at 811 Simmons Court. Current Zoning: SF -1A - Single Family Residential District. SPIN Neighborhood #6. 9. Resolutions: (no items for this agenda) 10. Other items for consideration: A. Request for a variance to Sign Ordinance 704 -A for Tweeter Home Entertainment located at 2801 E. Southlake Boulevard. 11. Other items for discussion: (no items for 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, of ele ,,',Iay 3, 2002, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. Q • ; m^ 4 %:d/ / : -a : • �� : _ Kim : ush z. Acti g City Secretary '• ..... If 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 May 7, 2002 Page 4 of 4 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. 5. Leona and Raymond Fox vs. City of Southlake. April 2002. 6. Dana C. Kalal vs. Department of Public Works City of Southlake. April 2002. 7. David A. Gray vs. City of Southlake. April 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.