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2002-05-21 CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: MAY 21, 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 of city attorney concerning employee benefits. b. Seek advice of the attorney regarding breach of contract by Pinnacle Integrated Technologies, Inc. c. Consider claim against Botanical Technologies, Inc. 2. Section 551.072 Deliberation Regarding Real Property a. Discuss the value of city -owned Timarron/Richards property. 3. Section 551.074 Deliberation Regarding Personnel Matters a. Deliberation of appointments of city boards and commission members. 4. 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 City of Southlake City Council Meeting Agenda May 21, 2002 Page 2 of 5 1. Report on Art in the Square 2. Proclamation for Management Week B. City Manager's Report 1. Presentation of trophy for putt -putt shootout C. SPIN Report D. Parks and Recreation Board Report E. Committee Reports F. Local Business Report 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 Special City Council meeting held on May 7, 2002, and of the Regular City Council meeting held on May 7, 2002. B. Approval of a Commercial Developer's Agreement for Gateway Church located in the 2100 block of East Southlake Boulevard across from Village Center. C. Resolution No. 02 -039, Authorizing application for a Texas Parks and Wildlife (TPWD) Recreational Fund grant for Bob Jones Park trails. D. 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 TABLED AT THE REQUEST OF THE APPLICANT TO THE JUNE 4, 2002, CITY COUNCIL MEETING. E. 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 AT THE REQUEST OF THE APPLICANT TO THE JUNE 18, 2002, CITY COUNCIL MEETING. City of Southlake City Council Meeting Agenda May 21, 2002 Page 3 of 5 REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -NN, 2 °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." PUBLIC HEARING B. Resolution No. 02 -040 (ZA02 -045) Specific Use Permit for Southlake Town Square Farmer's Market, 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 to include C -3 - General Commercial District uses. SPIN Neighborhood #8. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480 -398, 1 Reading (ZA02 -018) Rezoning and Concept Plan for Cornerstone Business Park, being approximately 9.3 acres of land located on the northeast corner of Crooked Lane and S. Nolen Drive. Current Zoning: 0-1 - Office District and I -1 - Light Industrial District. Requested Zoning: I -1 - Light Industrial District. SPIN Neighborhood #7. (If approved on first reading, Public Hearing will be held on June 4, 2002.) B. Ordinance No. 480 -399, 1 Reading (ZA02 -034) Rezoning and Site Plan for Sonic Restaurant, at 2550 East Southlake Boulevard (FM 1709) located on the north side of East Southlake Boulevard (FM 1709), approximately 600' west of N. Nolen Drive. Current Zoning: AG - Agricultural District. Requested Zoning: S -P -1 - Detailed Site Plan District with C -2 - Local Retail Commercial District uses. SPIN Neighborhood #7. (If approved on first reading, Public Hearing will be held on June 4, 2002.) C. ZA02 -035, Plat Revision for Sonic Restaurant, at 2550 East Southlake Boulevard (FM 1709) located on the north side of East Southlake Boulevard (FM 1709), approximately 600' west of N. Nolen Drive. Current Zoning: AG - Agricultural District. Proposed Zoning: S -P -1 - Detailed Site Plan District with C -2 - Local Retail Commercial District uses. SPIN Neighborhood #7. D. Ordinance No. 810 -A, 1 Reading, Amending Ordinance No. 810, amending FY2001 -02 budget. (If approved on first reading, Public Hearing will be held on June 4, 2002.) City of Southlake City Council Meeting Agenda May 21, 2002 Page 4 of 5 E. Ordinance No. 805 -A, 1 Reading, Amending Ordinance No. 805, agreement with the Municipal Judge. (If approved on first reading, Public Hearing will be held on June 4, 2002.) 9. Resolutions: A. Resolution No. 02 -028, Appointments to the Building Board of Appeals. B. Resolution No. 02 -029, Appointment to the Joint Drug and Alcohol Awareness Committee. C. Resolution No. 02 -030, Appointment to the Joint Utilization Committee. D. Resolution No. 02 -031, Appointments to the Library Board. E. Resolution No. 02 -032, Appointments to the Parks and Recreation Board. F. Resolution No. 02 -033, Appointments to the Planning and Zoning Commission. G. Resolution No. 02 -034, Appointments to the Senior Advisory Commission. H. Resolution No. 02 -035, Appointments to the Southlake Parks Development Corporation. I. Resolution No. 02 -036, Appointments to the Zoning Board of Adjustment. 10. Other items for consideration: (no items for this agenda) 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, TexworinFjj1ay, May 17, 2002, at 6:00 p.m., pursuant to the Texas Government Code, Chapt e � TH 1i j " #,, ,a,,,k) itt „ic .*: I t. Kim ush • Acting City Secretary , 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 21, 2002 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 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.