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2000-03-21 City of Southlake, Texas REGULAR CITY COUNCIL MEETING: March 21, 2000 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. Seek advice from the attorney regarding Pioneer Concrete, Inc. b. Seek advice from the attorney regarding potential closing of a portion of T.W. King Road and Kirkwood Boulevard. c. Seek advice of the attorney regarding lease of city property. d. Seek advice of the attorney regarding zoning ordinance issues. e. Carroll /1709 LTD. vs. The Board of Adjustments of the City of Southlake. October 1999. 2. Section 551.072 Deliberation Regarding Real Property a. Discuss the acquisition of real property for highway projects. b. Discuss the acquisition of a private water system. 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 City of Southlake, Texas Regular City Council Meeting Agenda March 21, 2000 Page 2 4. REPORTS: A. Mayor's Report B. City Manager's Report C. SPIN Report D. Park and Recreation Board 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 March 7, 2000. B. Resolution No. 00 -31, Amending the Personnel Policies Handbook to include a uniform /dress code /grooming policy. C. Authorize the Mayor to enter into an interlocal agreement with Tarrant County for the reconstruction of North Kimball Avenue, from S.H. 114 to Highland Avenue. D. Authorize the Mayor to enter into an interlocal agreement with Carroll Independent School District for park playground and other recreational facilities. E. Ordinance No. 480 -333, 1 Reading, (ZA 00 -008), Rezoning on property legally described as Tract 3D situated in the J. J. Freshour Survey, Abstract No. 521, and being approximately 5.03 acres. Location: 2750 Florence Road being on the south side of Florence Road approximately 360' east of Brewer Road. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -1A" Single Family Residential District. Owner and Applicant: Sreekumaran K. Nair. SPIN Neighborhood #15. Public Hearing set for April 4, 2000. F. Ordinance No. 480 -334, 1 Reading, (ZA 00 -011), Rezoning on property legally described as Tract 2B, situated in the T. M. Hood Survey, Abstract No. 706, and being approximately 5.358 acres. Location: West side of Shady Oaks Drive approximately 360' south of Ravenaux Drive. Current Zoning: "AG" Agricultural District. Requested Zoning: "RE" Residential Estate District. Owners and Applicants: Kenneth and Lorrie Hill. SPIN Neighborhood #11. Public Hearing set for April 4, 2000. City of Southlake, Texas Regular City Council Meeting Agenda March 21, 2000 Page 3 G. Ordinance No. 775, 1 Reading, Abandonment and quitclaim of a portion of South Kimball Avenue right -of -way at the intersection of Crooked Lane. Public Hearing set for April 4, 2000. H. Ordinance No. 480 -332, 1 Reading, (ZA 99 -139), Rezoning and Site Request Plan for 114 Kimball Square, on property legally described as Tract 1B3 Table to situated in the Samuel Freeman Survey, Abstract No. 525, and 4/4/00 approximately 1.4677 acres. Location: Northwest corner of the intersection of State Highway 114 and Shady Lane. Current Zoning: "C -3" General Commercial District. Requested Zoning: "S -P -1" Detailed Site Plan District with "C -3" General Commercial District uses. Owner and Applicant: 114 Kimball Square, Ltd. SPIN Neighborhood #6. (P &Z Denied 5 -0 vote 3 /9/00) REGULAR AGENDA 6. Public Forum 7. Ordinances, second readings, public hearings, and related items: A. ZA 99 -143, Site Plan for IHOP Restaurant, on property legally described as Lot 6R, Block A, Southlake Bank Place, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4546 & 4547, Plat Records, Tarrant County, Texas, and being approximately 1.666 acres. Location: Northwest corner of State Highway 114 and Industrial Boulevard. Current Zoning: "C -3" General Commercial District. Applicant: Monsanto & Associates. Owner: IHOP 1419, Inc. SPIN Neighborhood #7. PUBLIC HEARING. B. ZA 99 -116, Site Plan for Shady Oaks Centre, on property legally described as Tract 2C situated in the Hiram Granberry Survey, Abstract No. 581, and being approximately 2.955 acres. Location: South side of West Southlake Boulevard (F. M. 1709) at the intersection of Shady Oaks Drive and West Southlake Boulevard (F. M. 1709). Current Zoning: "S -P- 2" Generalized Site Plan District with certain "0-1" Office District uses. Applicant: CMPA, Inc. Owner: Paragon - Eagle. SPIN Neighborhood #14. PUBLIC HEARING. C. ZA 00 -015, Revised Site Plan for Lot 3, Block 1, Gateway Plaza Addition, on property legally described as Lot 3, Block 1, Gateway Plaza Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 5365 & 5366, Plat Records, Tarrant County, Texas, and being approximately 32.0 acres. Location: North side of East Southlake Boulevard (F.M. 1709) between Crooked Lane and Bank Street. Current Zoning: "S -P -2" Generalized Site Plan District with City of Southlake, Texas Regular City Council Meeting Agenda March 21, 2000 Page 4 limited "C -3" General Commercial District uses excluding the following uses: 22.2 (7) Conventional golf courses, including outdoor driving ranges accessory thereto, but excluding outdoor miniature golf courses; 22.2 (16) Lodges, sororities and /or fraternities; 22.2 (17) Deleting the words "and care" but allowing "medical care facilities to include nursing and care homes, hospitals with their related facilities and supportive retail and personal service uses operated by or under the control of the hospital primarily for the convenience of patients, staff and visitors; 22.2 (18) Mortuaries, funeral homes and undertakers; 22.2 (23) Plumbing and heating appliances, repair and installation services; 21.2 (8) Business colleges or private schools for vocational training of office related careers, such as stenographers, executive secretaries, etc.; 21.2 (24) Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping; 18.2.A (29) Radio recording and television broadcasting offices and studios. Applicant: O'Brien & Associates. Owner: Lincoln Property Company. SPIN Neighborhood #7. PUBLIC HEARING. 8. Ordinances, first readings, and related items: A. Ordinance No. 480 -335, 1 Reading, (ZA 99 -099), Rezoning and Concept Plan on property legally described as Lot 1R2, W. W. Hall No. 695 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4545, Plat Records, Tarrant County, Texas; Lot 1, Block 9, Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4892 & 4893, Plat Records, Tarrant County, Texas; and a portion of the abandoned North Carroll Avenue right -of -way; and being approximately 1.982 acres. Location: Northwest corner of the intersection of North Carroll Avenue and East Southlake Boulevard (F. M. 1709). Current Zoning: "S -P -2" Generalized Site Plan District with "0-1" Office District uses and "NR -PUD" Non - Residential Planned Unit Development District with "C -3" General Commercial District uses. Requested Zoning: "S -P -2" Generalized Site Plan District with "0-1" Office District uses. Applicant: Greenway - Southlake Office Partners, L.P. Owners: Greenway - Southlake Office Partners, L.P. and Cooper & Stebbins, L.P. SPIN Neighborhood #10. Public Hearing set for April 4, 2000. B. ZA 99 -100, Plat Revision for Proposed Lot 1R2 -1, W.W. Hall No. 695 Addition, on property legally described as Lot 1R2, W. W. Hall No. 695 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4545, Plat Records, Tarrant County, Texas; Lot 1, Block 9, Southlake Town Square, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slides 4892 & 4893, Plat Records, Tarrant County, Texas; and a portion of the abandoned North Carroll Avenue City of Southlake, Texas Regular City Council Meeting Agenda March 21, 2000 Page 5 right -of -way; and being approximately 1.982 acres. Location: Northwest corner of the intersection of North Carroll Avenue and East Southlake Boulevard (F. M. 1709). Current Zoning: "S -P -2" Generalized Site Plan District with "0-1" Office District uses and "NR -PUD" Non - Residential Planned Unit Development District with "C -3" General Commercial District uses. Applicant: Greenway - Southlake Office Partners, L.P. Owners: Greenway - Southlake Office Partners, L.P. and Cooper & Stebbins, L.P. SPIN Neighborhood #10. C. ZA 99 -101, Preliminary Plat of Lots 1 & 2, Greenway - Carroll Addition, on property legally described as Tract 1 A situated in the Richard Eads Survey, Abstract No. 481, and being approximately 10.559 acres. Location: Southeast corner of the intersection of North Carroll Avenue and State Highway 114. Current Zoning: "C -3" General Commercial District. Owner and Applicant: Greenway- Carroll Road Partners, L.P. SPIN Neighborhood #8. 9. Resolutions: A. Resolution No. 00 -32, Authorizing the purchase of rights -of -way needed for implementation of the Traffic Management Bond program. B. Resolution No. 00 -24, Opposing The Private Property Rights Implementation Act, urging the Texas delegation of the U.S. Senate to vote against the bill. 10. Other items for consideration: Request to A. Authorizing the Mayor to grant a twenty -foot parking easement on City table property to EPIPD — Crossroads Square, L.P. (Tom Thumb). Request to B. Authorizing the Mayor to grant a parking easement on city property, and table to enter into a "no- build" easement agreement with EPIPD — Crossroads Square, L.P. (Tom Thumb). C. Approval of Change Order No.2 with Jackson Construction, Inc. for the construction of sanitary sewer and roadway improvements along Love Henry Court. D. Approval of Change Order No. 2 with North Texas Contracting, Inc. for the water, paving and drainage improvements to serve the Sutton Place Addition, Community Development Block Grant (CDBG) Project Nos. B97- UC -48- 0001 -60 -20 and B98- UC -48- 0001- 60 -05. E. Consider modifying the allocation ratios of the City set forth by the Public Utility Commission (PUC). City of Southlake, Texas Regular City Council Meeting Agenda March 21, 2000 Page 6 11. Other items for discussion: A. Process for making appointments to boards and commissions. 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 FricJay; March 17, 2000 at 6:00 p.m., pursuant to the Texas Government Code, Chapter 5.5"1 i alit, . „ Sandra L. LeGrand City Secretary If you plan to attend this public meeti g.and'have a 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 21, 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.