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2000-03-07 City of Southlake, Texas REGULAR CITY COUNCIL MEETING: March 7, 2000 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers in City Hall WORK SESSION: 5:30 to 6:00 P.M. or Immediately Following the SPDC Meeting 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. Seek advice from the attorney regarding Pioneer Concrete of Texas, Inc. b. Seek advice from the attorney regarding potential closing of a portion of T.W. King Road. c. Seek advice from the attorney regarding zoning ordinance issues. d. Seek advice from the attorney regarding enforcement of the noise ordinance. 2. Section 551.072 Deliberation Regarding Real Property a. Land acquisition for public works projects. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Chaplain of the Month, Father Frank Reeves, St. Martin's in the Fields 4. REPORTS: A. Mayor's Report B. City Manager's Report City of Southlake, Texas Regular City Council Meeting Agenda March 7, 2000 Page 2 C. SPIN 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 minutes of the Regular City Council meeting held February 15, 2000, which was continued to February 22, 2000. B. Award of contract with First State Bank for Bank Depository Contract. C. Award of bid to Saber Development Corporation for the installation of a lift station to serve Dove Estate subdivision. D. Resolution No. 00 -25, Approval of City Manager's appointment of Acting City Manager. E. Authorize the Mayor to enter into an interlocal cooperation agreement for fire protection services between Denton County and the City of Southlake. F. Authorize the Mayor to enter into a professional service agreement with BWR Corporation for engineering design of South Kimball from F.M. 1709 to Crooked Lane. G. Award of contract with I & C Sales, Inc. for SCADA improvements at the booster pump station on T.W. King Road. H. Resolution No. 00 -22, Supporting federal funding to Northeast Transportation Service (NETS). I. Resolution No. 00 -28, Authorizing the City Attorney to bring a condemnation action for the purpose of obtaining right -of -way at White Chapel Boulevard and F.M. 1709 for use by the City. J. Request for a variance to Sign Ordinance No. 704 -A, for Chick- fil -A, Inc., located at 2301 East Southlake Boulevard. Request K. Ordinance No. 480 -326, 2 Reading, (ZA 99 -138), Rezoning on property table to legally described as Tract 20 situated in the R. D. Price Survey, Abstract 4/4/00 992, and being approximately 2 acres. Location: 4001 T. W. King Road being on the east side of T. W. King Road approximately 1,200' south of City of Southlake, Texas Regular City Council Meeting Agenda March 7, 2000 Page 3 West Bob Jones Road. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -1B" Single Family Residential District. Applicant: Linnie McAdams. Owner: Linnia Johnson. SPIN Neighborhood #1. PUBLIC HEARING. REGULAR AGENDA 6. Public Forum 7. Ordinances, second readings, public hearings, and related items: A. Resolution No. 99 -24, (ZA 00 -002), Specific Use Permit for special events associated with "Art In The Square," on property legally described as Southlake Town Square, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4892 and 4893, Plat Records, Tarrant County, Texas, and being approximately 42.013 acres. The events are sponsored by Southlake Town Square and Southlake Women's Club and will be held on April 28, 29, and 30, 2000, in Family Park and Rustin Park Pavilion. 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. Applicant: Southlake Town Square. Owner: City of Southlake. SPIN Neighborhood #8. PUBLIC HEARING. B. Ordinance No. 480 -321, 2' Reading, (ZA 99 -108), Rezoning and Revised Concept Plan for St. Martin -In- The - Fields Episcopal Church, on property legally described as Lots 1 and 2, Block 1, St. Martin -in- the - Fields Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1346, Plat Records, Tarrant County, Texas, and being approximately 11.8 acres. Location: East side of South Pearson Lane approximately 760' south of West Southlake Boulevard (F.M. 1709). Current Zoning: "CS" Community Service District. Requested Zoning: "S -P -2" Generalized Site Plan District with "CS" Community Service District uses. Applicant: GSBS Batenhorst, Inc. Owner: St. Martin -In- The - Fields Episcopal Church. SPIN Neighborhood #15. PUBLIC HEARING. C. Ordinance No. 773, 2 " Reading, Abandonment and quitclaim of a portion of old North Carroll Avenue to Juergen Strunck. PUBLIC HEARING. D. Ordinance No. 480 -330, 2 " Reading, (ZA 99 -132), Rezoning and Site Plan for Carroll I.S.D. No. 6, Addition, on property legally described as Tracts 1B City of Southlake, Texas Regular City Council Meeting Agenda March 7, 2000 Page 4 and 3, situated in the C. B. McDonald Survey, Abstract No. 1013, and being approximately 42.424 acres. Location: South of Crooked Lane approximately 300' east of the intersection of Crooked Lane and South Kimball Avenue. Current Zoning: "AG" Agricultural District. Requested Zoning: "S -P -1" Detailed Site Plan District with "CS" Community Service District uses including transportation facility and stadium. Applicant: Cheatham & Associates. Owner: Carroll I.S.D. SPIN Neighborhood #7. PUBLIC HEARING. E. Ordinance No. 480 -331, 2 Reading, (ZA 99 -141), Rezoning on property legally described as Tract 5C situated in the Hiram Granberry Survey, Abstract No. 581, and being approximately 7.939 acres. Location: 911 South White Chapel Boulevard being on the east side of South White Chapel Boulevard approximately 110' north of Princeton Park Drive. Current Zoning: "AG" Agricultural District. Requested Zoning: "RE" Residential Estate District. Owners and Applicants: Ted and Lesley Holt. SPIN Neighborhood #9W. PUBLIC HEARING. F. Resolution No. 00 -23, (ZA 99 -107), Specific Use Permit per Zoning Ordinance No. 480, Section 45.1(11) for the Texas School of Baseball (an indoor baseball facility and outdoor fields for instruction and entertainment) subject to the conditions established in Resolution No. 94 -39 with a request for six (6) bleacher sets on property legally described as Lot 4R, Block 1, Greenlee Business Park, Phase I, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1930, Plat Records, Tarrant County, Texas, and being approximately 12.678 acres. A Concept Plan will be considered with this request. Location: 2100 Crooked Lane being on the west side of Crooked Lane approximately 400' south of Brookshire Drive. Current Zoning: "I-1" Light Industrial District. Applicant: Texas School of Baseball. Owners: David and Beverly Thorne. SPIN Neighborhood #8. PUBLIC HEARING. G. ZA 99 -135, Site Plan for Timarron Country Club, on property legally described as Lots 3R1 & 3R2, Block 1, Timarron Golf Course, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2988, Plat Records, Tarrant County, Texas, and being approximately 12.606 acres. Location: 1400 Byron Nelson Parkway being on the south side of Byron Nelson Parkway approximately 400' east of Fairwood Court. Current Zoning: "R -PUD" Residential Planned Unit Development District. Applicant: Chris Consultants, Inc. Owner: Timarron Land Corporation. SPIN Neighborhood #9e. PUBLIC HEARING. City of Southlake, Texas Regular City Council Meeting Agenda March 7, 2000 Page 5 H. ZA 99 -136, Site Plan for Lot 2, Block B. Hart Industrial, Park, on property legally described as Lot 2, Block B, Hart Industrial Park, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -217, Page 61, Plat Records, Tarrant County, Texas, and being approximately 0.996 acres. Location: 1595 Hart Street being on the south side of Hart Street approximately 200' east of Brumlow Avenue. Current Zoning: "I -1" Light Industrial District. Applicant: Kaker & Ware, Inc. Owner: Spence Corporation. SPIN Neighborhood #7. PUBLIC HEARING. I. Ordinance No. 480 -329, 2 " Reading, (ZA 99 -124), Rezoning and Site Plan for Radiology Associates of Tarrant County, on property legally described as a portion of Tract 5D2 situated in the Obediah W. Knight Survey, Abstract No. 899, and being approximately 1.126 acres. Location: South side of East Southlake Boulevard (F. M. 1709) approximately 225' west of Byron Nelson Parkway. Current Zoning: "R -PUD" Residential Planned Unit Development District, being P.U.D. No. 1, Timarron. Requested Zoning: "S -P -1" Detailed Site Plan District with "0-1" Office District uses and the "C -2" Local Retail Commercial District use of health service facilities. Applicant: Southlake Imaging, L.L.C. Owner: Westerra - Timarron, L.P. SPIN Neighborhood #9w. CONTINUATION OF PUBLIC HEARING. J. Ordinance No. 764, 2 " Reading, Authorize the issuance of Certificates of Obligation, Series 2000. PUBLIC HEARING. K. Ordinance No. 765, 2 " Reading, Authorize the issuance of Certificates of Obligation, Series 2000 -A. PUBLIC HEARING. L. Ordinance No. 766, 2 " Reading, Authorize the issuance of Certificates of Obligation, Series 2000 -B. PUBLIC HEARING. M. Ordinance No. 767, 2 " Reading, Authorize the issuance of GO Bonds, Series 2000. PUBLIC HEARING. N. Ordinance No. 768, 2 Reading, Authorize the issuance of Tax Anticipation Notes, Series 2000. PUBLIC HEARING. O. Resolution No. 00 -30, A resolution authorizing the issuance of "Southlake Parks Development Corporation Sales Tax Subordinate Lien Revenue Bonds, Series 2000," approving (i) the resolution of the Southlake Parks City of Southlake, Texas Regular City Council Meeting Agenda March 7, 2000 Page 6 Development Corporation authorizing the issuance of such bonds and (ii) the execution, on behalf of the City, of the Financing/Use Agreement relating to such financing by the Corporation; resolving other matters incident and related to the issuance of such Bonds; and providing an effective date. PUBLIC HEARING. 8. Ordinances, first readings, and related items: (no items this agenda) 9. Resolutions: (no items this agenda) 10. Other items for consideration: A. Approval of design concepts for Peytonville Avenue on the north side of F.M. 1709. B. Resolution No. 00 -29, Appointing members to the Planning & Zoning Commission to fill two unexpired terms vacated by Keith Shankland and Ann Creighton to expire May 2000. C. Authorize the Mayor to enter into an agreement allowing a twenty -foot parking encroachment on City property for EPIPD — Crossroads Square, L.P. (Tom Thumb). D. Authorize the Mayor to enter into an agreement allowing a parking encroachment and "no- build" area on City property, for EPIPD — Crossroads Square, L.P. (Tom Thumb). 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 City Hall, 667 North Carroll Avenue, and the Administrative Offices, 1725 East Southlake Boulevard, Southlake, Texas, on Friday 4 p 3, 2000 at 6:00 p.m., pursuant to the Tex s Government Code, Chapter 55' ��,z, o , eo W 10 /i, (3 4 .pia Sandra L. LeGrand _ ii H City Secretary °a . ° 6a. ; •*s ue° .... ` z, cif: � "..®... � If you plan to attend this public meetin Ott, {}te\'i``disability that requires special needs, please advise the City Secretary 48 hours in advance at 481 -5581, extension 704, and reasonable accommodations will be made to assist you. City of Southlake, Texas Regular City Council Meeting Agenda March 7, 2000 Page 7 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 litigations, 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. Carroll /1709 LTD. vs. The Board of Adjustments of the City of Southlake. October 1999. 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 deliberate regarding economic development negotiations. A FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING MAY ONLY BE MADE IN OPEN SESSION.