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1999-04-06 City of Southlake, Texas REGULAR CITY COUNCIL MEETING: April 6,1999 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers in City Hall WORK SESSION: 6:15 P.M. 1. Call to order. 2. Discussion of all items on tonight's meeting agenda. REGULAR SESSION: 7:00 P.M. 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, 551.075, 551.076. Refer to posted list attached hereto and incorporated herein. Executive session will be held 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. B. Reconvene: Action necessary on items discussed in executive session. 3. INVOCATION: David Whitington, Chaplain for April 4. REPORTS: A. Mayor's Report B. City Manager's Report 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. City of Southlake, Texas Regular City Council Meeting Agenda April 6, 1999 Page 2 5. Consent: A. Approval of Minutes of the Regular City Council meeting held on March 23, 1999 and the Joint Meeting of City Council and the Planning and Zoning Commission held on March 23, 1999. B. Award of bid to Gra -Tex Utilities for the installation of sanitary sewer and the abandonment of a lift station along F.M. 1709 between Crossroads Square and Bicentennial Park. C. Resolution No. 99 -13, Vacating and abandoning a 100 -foot public utility easement east of Carroll Avenue on the Rockenbaugh property. D. Authorize the Mayor to enter into a professional service contract with Kimley -Horn and Associates to perform roadway impact fees update. E. Ordinance No. 738, 1 Reading, Approving Rate Schedules for Lone Star Gas Company. Public Hearing set for April 20, 1999. F. Award of bid to Cajun Contractors, Inc. for the construction of a sanitary sewer lift station at Lonesome Dove and a lift station to serve the Raintree /Shady Lane area. G. Authorize the Mayor to enter into a professional service agreement with Cheatham and Associates for the design of sanitary sewers for the Neighborhood Sewer Program for Shadow Creek and Trail Creek Additions. H. Ordinance No. 741, 1 Reading, Amending Chapter 2, Administration, of the Southlake City Code, as amended, establishing a Department of Engineering Services. Public Hearing set for April 20, 1999. 1. Approving the appointment of Deputy Director of Public Works Ron Harper as Engineering Services Director. J. Ordinance No. 717 -A, 1 Reading, Amending Ordinance 717 and Chapter 18, Article III, Section 18 -79 of the Southlake City Code, designating the speed limit as 25 miles per hour in the Country Walk subdivision. Public Hearing set for April 20, 1999. REGULAR AGENDA 6. A. Public Forum City of Southlake, Texas Regular City Council Meeting Agenda April 6, 1999 Page 3 B. United Way Presentation -- Northeast Senior Issues Committee Report 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -305, 2 Reading (ZA 98 -118), Rezoning and Development Plan for Chesapeake Place, on property legally described as Tracts 4A, 4A8, 4A9, 4B, and 4E2, situated in the J.G. Allen Survey, Abstract No. 18, and being approximately 54.95 acres. Location: Northeast corner of the intersection of South Pearson Lane and Union Church Road. Current Zoning: "AG" Agricultural District. Requested Zoning: "R -PUD" Residential Planned Unit Development District. Applicant: Four Peaks Development, Inc. Owners: Ranchland Leasing Co., Inc., Seyed M. Mirtaheri, and Michael and Laura Musgrove. SPIN Neighborhood #15. (1 Reading approved at continuation meeting 2/22/99) PUBLIC HEARING. B. ZA 98 -119, Preliminary Plat for Chesapeake Place, on property legally described as Tracts 4A, 4A8, 4A9, 4B, and 4E2, situated in the J. G. Allen Survey, Abstract No. 18, and being approximately 54.95 acres. Location: Northeast corner of the intersection of South Pearson Lane and Union Church Road. Current Zoning: "AG" Agricultural District. Applicant: Four Peaks Development, Inc. Owners: Ranchland Leasing Co., Inc., Seyed M. Mirtaheri, and Michael and Laura Musgrove. SPIN Neighborhood #15. C. Ordinance No. 480 -309, 2nd Reading (ZA 99 -025), Rezoning and Site Plan for Southlake Town Square, Phase 2, Block 10, on property legally described as a portion of Tract 3 situated in the Richard Eads Survey, Abstract No. 481, and being approximately 7.932 acres. Location: East side of North Carroll Avenue across from Ownby Lane. Current Zoning: "C -3" General Commercial District. Requested 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. Applicant: Cooper & Stebbins, L.P. Owners: The Fechtel Group with general partners: Alicia Marie Fechtel, Charles Joseph Fechtel, Mary Louise Logan, John Randolph Fechtel, Marguerite Elizabeth Fechtel, and James Milton Fechtel. SPIN Neighborhood #8. PUBLIC HEARING. D. ZA 99 -026, Revised Preliminary Plat for Blocks 10 and 11, Southlake Town Square, on property legally described as being a portion of Tract 3 City of Southlake, Texas Regular City Council Meeting Agenda April 6, 1999 Page 4 situated in the Richard Eads Survey, Abstract No. 481, and being approximately 11.8 acres. Location: East side of North Carroll Avenue across from Ownby Lane. Current Zoning: "C -3" General Commercial District. Applicant: Cooper & Stebbins, L.P. Owners: The Fechtel Group with general partners: Alicia Marie Fechtel, Charles Joseph Fechtel, Mary Louise Logan, John Randolph Fechtel, Marguerite Elizabeth Fechtel, and James Milton Fechtel. SPIN Neighborhood #8. E. Resolution No. 99 -19, A resolution authorizing the issuance of "Southlake Parks Development Corporation Sales Tax Revenue Bonds, Series 1999 "; approving (i) the resolution of the Southlake Parks 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. F. Ordinance No. 739, 2 "d Reading, Authorizing the issuance of "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 1999," and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates. PUBLIC HEARING. Table to G. Ordinance No. 740, 2 Reading, Authorizing the issuance of "City of 4/20/99 Southlake, Texas, Tax and Tax Increment Surplus Revenue Certificates of Obligation, Series 1999," and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of said Certificates. PUBLIC HEARING. H. Resolution No. 99 -21, A resolution declaring expectation to reimburse expenditures for Tax Increment Reinvestment Zone Number One with proceeds of future debt. 8. Ordinances, first readings, and related items: A. Ordinance No. 480 -307, 1 Reading (ZA 98 -161), Rezoning and Site Plan for Primrose School, on property legally described as a portion of Tract 6F situated in the J. G. Allen Survey, Abstract No. 18, and being approximately 1.8 acres. Location: Northwest corner of the intersection of Davis Boulevard (F.M. 1938) and Union Church Road. Current Zoning: "AG" Agricultural District. Requested Zoning: "S -P -1" Detailed Site Plan District with "C -2" Local Retail Commercial District uses to include a City of Southlake, Texas Regular City Council Meeting Agenda April 6, 1999 Page 5 private kindergarten. Applicants: Frank and Nancy Cangelosi. Owner: Ronnie M. Woods. SPIN Neighborhood #15. Public Hearing set for April 20, 1999. B. Ordinance No. 480 -308, 1 Reading (ZA 98 -162), Rezoning of property legally described a portion of Tract 6F situated in the J. G. Allen Survey, Abstract No. 18, and being approximately 1.6264 acres. Location: North side of Union Church Road approximately 280' west of Davis Boulevard (F.M. 1938). Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -1A" Single Family Residential District. Owner and Applicant: Ronnie M. Woods. SPIN Neighborhood #15. Public Hearing set for April 20, 1999. C. ZA 98 -163, Plat Showing for proposed Lots 10 and 11, J.G. Allen No. 18 Addition, on property legally described as Tract 6F situated in the J. G. Allen Survey, Abstract No. 18, and being approximately 3.426 acres. Location: Northwest corner of the intersection of Davis Boulevard (F.M. 1938) and Union Church Road. Current Zoning: "AG" Agricultural District. Applicants: Frank and Nancy Cangelosi. Owner: Ronnie M. Woods. SPIN Neighborhood #15. D. Ordinance No. 709 -A, 1 Reading, Amending Ordinance No. 709, amending FY 98 -99 Annual Budget. Public Hearing set for April 20, 1999. 9. Resolutions: A. Resolution No. 99 -07, Amending Fee Schedule for park dedication fees. (CC tabled 3/2) 10. Other items for consideration: A. Policy on Neighborhood Traffic Calming B. Traffic Calming Strategies for Coventry Manor and Shady Lane. 11. Other items for discussion: (no items this agenda) 12. Meeting Adjourned City of South lake, Texas Regular City Council Meeting Agenda April 6, 1999 Page 6 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 Thursday, April 1, 1999 at 6:00 p.m., pursuant to the Texa Government Code, Chapter 551. \\‘‘1 Sandra L. LeGrand crt City Secretary : rn If you plan to attend this public meetir* d, * isability that requires special needs, please advise the City Secretary 48 hours r»2vance at 481 -5581, extension 704, and reasonable accommodations will be made to assist you. City of Southlake, Texas Regular City Council Meeting Agenda April 6, 1999 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. Town of Westlake et al vs. City of Southlake, Texas. September 1997. 2. Town of Westlake vs. City of Southlake, Carroll Huntress, et al. May 1997. 3. Legal action against Scott Bradley, Charla Bradshaw, Abe Bush, and Fred Held. 1997. 4. Town of Westlake vs. City of Southlake, Texas Maguire Thomas /Thomas Partners - Westlake - Southlake Partnership; Maguire Partners Westlake Partnership; and MTP -IBM Phase II and III Joint Venture. September 1997. 5. Maurice C. Robertson, Plaintiff vs. City of Southlake. October 1997. 6. Marriam Baloch vs. City of Southlake. January 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 551.075 CONFERENCE WITH EMPLOYEES The City Council may confer with one or more employees in a closed meeting to receive information from the employees or to question the employees, but may not deliberate public business or City policy that affects public business. City of Southlake, Texas Regular City Council Meeting Agenda April 6, 1999 Page 8 SECTION 551.076 DELIBERATION REGARDING SECURITY DEVICES The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. A FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING MAY ONLY BE MADE IN OPEN SESSION. L: \CTYSHARE\AGENDAS \cc040699agn. doc