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2001-03-06 City of Southlake, Texas REGULAR CITY COUNCIL MEETING: March 6, 2001 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers in City 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 AGENDA 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 Attorney a. See advice from attorney regarding Hanson Aggregate Central, Inc. (Pioneer Concrete). b. Advice from attorney regarding Marcus Taylor vs. City of Southlake and TRI DAL, LTD. 2. Section 551.072 Deliberation regarding Real Property. a. Right -of -way acquisition regarding Traffic Management Bond Program. 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 B. City Manager's Report C. SPIN Report D. Library Board Report City of Southlake, Texas Regular City Council Meeting Agenda March 6, 2001 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 minutes of the Regular City Council meeting held February 20, 2001. B. Resolution No. 01 -005, Appointing representatives to the SPIN Standing Committee and appointing representatives to fill two unexpired terms. REGULAR AGENDA 6. Public Forum 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -356, 2 Reading, (ZA 00 -133), Rezoning and Concept Plan for Parker's Corner, on property described as a portion of Lot 5R1, Parker's Corner; and Tracts 2A3 and 7A, Jessie G. Allen Survey, Abstract No. 18; and being 2.959 acres. Location: West side of Davis Boulevard (F.M. 1938) approximately 350' south of West Southlake Boulevard (F.M. 1709). Current Zoning: "AG" Agricultural District and "C -2" Local Retail Commercial District. Requested Zoning: "S -P -2" Generalized Site Plan District with "C -2" Local Retail Commercial District uses. SPIN Neighborhood #15. PUBLIC HEARING. B. Ordinance No. 480 -357, 2 "a Reading, (ZA 00 -140), Rezoning and Concept Plan for proposed Lots 1, 2, and 3, Block A, Cornerstone Plaza, on property described as Tracts 2, 2A1, 2A1A, 2A1B, 2C, and a portion of Tract 2A2A, Thomas Easter Survey, Abstract No. 474; Lot 2R2, Block 5, Cornerstone Business Park; and a portion of Crooked Lane right -of -way; and being 9.5543 acres. Location: South side of East Southlake Boulevard (F.M. 1709) being across from North Nolen Drive and Gateway Plaza. Current Zoning: "AG" Agricultural District and "0-1" Office District. Requested Zoning: "S -P -2" Generalized Site Plan District with limited "C -3" General Commercial District uses. SPIN Neighborhood #7. PUBLIC HEARING. City of Southlake, Texas Regular City Council Meeting Agenda March 6, 2001 Page 3 of 6 C. ZA 00 -127, Site Plan for Big Bowl Restaurant, on property described as portions of Tracts 3 and 7, W. E. Mayfield Subdivision. Location: In Gateway Plaza, Phase II, on the northeast corner of East Southlake Boulevard (F.M. 1709) and North Nolen Drive. Current Zoning: "S -P -2" Generalized Site Plan District with "C -3" General Commercial District uses, including a gasoline service station and tires, batteries, and automobile accessories. SPIN Neighborhood #7. PUBLIC HEARING. (Item tabled at the request of the applicant to March 20, 2001 City Council meeting). D. Resolution No. 01 -013, (ZA 01 -005), Specific Use Permit for the sale of alcoholic beverages for on- premise consumption, per Zoning Ordinance No. 480, Section 45.1 (1) and Section 45.6, on property described as Tracts 3 and 7, W. E. Mayfield Subdivision. Location: In Gateway Plaza, Phase II, on the northeast corner of East Southlake Boulevard (F.M. 1709) and North Nolen Drive. Current Zoning: "S -P -2" Generalized Site Plan District with "C -3" General Commercial District uses, including a gasoline service station and tires, batteries, and automobile accessories. SPIN Neighborhood #7. PUBLIC HEARING. (Item tabled at the request of the applicant to March 20, 2001 City Council meeting). E. ZA 00 -137, Site Plan for proposed Lot 4, Block 1, Richards Addition, on property described as a portion of Tract 5D1, O. W. Knight Survey, Abstract No. 899; and being approximately 1.0 acre. Location: South side of East Southlake Boulevard (F. M. 1709) approximately 390' west of Byron Nelson Parkway. Current Zoning: "AG" Agricultural District. SPIN Neighborhood #9w. PUBLIC HEARING. F. ZA 00 -142, Site Plan for Garden View Office Park (Advertised as Garden Towers), on property described as Lot 1, Lake Wood Acres Addition, and being 1.215 acres. Location: Southwest corner of North Carroll Avenue and Lake Wood Drive. Current Zoning: "0-1" Office District. SPIN Neighborhood #10. PUBLIC HEARING. G. Resolution No. 01 -010, (ZA 01 -010), Specific Use Permit for the sale of alcoholic beverages for on- premise consumption, per Zoning Ordinance No. 480, Section 45.1 (1) and Section 45.6 for 355 North Carroll Avenue, located in Southlake Town Square, on property described as a portion of Lot 1, Block 10, Southlake Town Square, Phase II. Location: 355 North Carroll Avenue being on the east side of North Carroll Avenue approximately 300' north of Prospect Street. Current Zoning: "S -P -1" Detailed Site Plan District with "C -3" General Commercial District uses including a U.S. Post Office and associated outside storage. SPIN Neighborhood #8. PUBLIC HEARING. H. Resolution No. 01 -011, (ZA 01 -011), Specific Use Permit for special events associated with "Art In The Square" on property described as Southlake Town City of Southlake, Texas Regular City Council Meeting Agenda March 6, 2001 Page 4 of 6 Square, Phase I, and being 42.013 acres. The events are sponsored by Southlake Town Square and Southlake Women's Club and will be held on April 27, 28, and 29, 2001. Location: Northeast corner of the intersection of North Carroll Avenue and East Southlake Boulevard (F.M. 1709). Current Zoning: "NR -PUD" Non- residential Planned Unit Development to include "C -3" General Commercial District uses. SPIN Neighborhood #8. PUBLIC HEARING. I. Resolution No. 01 -012, (ZA 01 -012), Specific Use Permit for the sale of alcoholic beverages for on- premise consumption associates with "Art In The Square" per Zoning Ordinance No. 480, Section 45.1 (1) and Section 45.6, on property described as Southlake Town Square, Phase I, and being 42.013 acres. The events are sponsored by Southlake Town Square and Southlake Women's Club and will be held on April 27, 28, and 29, 2001. Location: Northeast corner of the intersection of North Carroll Avenue and East Southlake Boulevard (F.M. 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. 797, 1 Reading, Calling a Special Election on May 5, 2001 for the purpose of Amending the Home Rule Charter. Public Hearing set for March 20, 2001. B. Ordinance No. 798, 1 Reading, An ordinance approving the general service rates including rate adjustment provisions and miscellaneous service charges to be charged for sales and transportation of natural gas to residential, commercial and industrial consumers in the City of Southlake, Denton and Tarrant Counties, Texas. Public hearing set for March 20, 2001. C. Resolution No. 01 -015, A resolution suspending the proposed effective date of the proposed rate schedules of TXU gas distribution; providing that the rate schedules of said company shall remain unchanged during the period of suspension. 9. Resolutions: A. Resolution No. 01 -014, a resolution of the City Council of the City of Southlake, Texas, supporting the principle of a locally controlled, level playing field for economic development in the State of Texas. 10. Other items for consideration: A. Authorize the Mayor to execute a residential Developer Agreement for the Simmons Addition. City of Southlake, Texas Regular City Council Meeting Agenda March 6, 2001 Page 5 of 6 B. Approval of a revision to the previously approved "partial" Developer Agreement for Cornerstone Plaza and South Nolen Drive. 11. Other items for discussion (no items 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, and 667 North Carroll Avenue, Southlake, Texas, on Friday, March 2, 200 at 6:00 m. pursuant to the Te ° ° "" p. , p �as Code, Chapter 551. i tiemmi/ ° ''• '= Sandra L. LeGrand : o lot City Secretary ' If you plan to attend this public meeti4424 hcill(oe disability that requires special needs, please advise the City Secretary 48 hours in advance at 817.481.1519, and reasonable accommodations will be made to assist you. 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. The City of Southlake and TRI DAL, LTD. March 2001. 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. City of Southlake, Texas Regular City Council Meeting Agenda March 6, 2001 Page 6 of 6 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. A FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING MAY ONLY BE MADE IN OPEN SESSION.