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SOUTHLAKE CITY COUNCIL

REGULAR CITY COUNCIL MEETING: JULY 17, 2001

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.
  3. Council photographs will be taken during Work 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 from City Attorney regarding Hanson Aggregate Central, Inc. (Pioneer Concrete)

b. Seek advice from City Attorney regarding claim filed with the Texas Commission on Human Rights.

2. Section 551.072 Deliberation Regarding Real Property

a. Purchase of approximately 16 acres of land in Southeast section of City for future park needs.

3. Section 551.074 Deliberation Regarding Personnel Matters

a. Deliberation of appointment of Municipal Court Judge.

B. Reconvene: Action necessary on items discussed in Executive Session.

3. INVOCATION: Chaplain of the Month, Scott Berry, Carroll Road Baptist Church

4. REPORTS:

  1. Mayor’s Report
  2. City Manager’s Report
  3. SPIN Report
  4. Parks and Recreation Board Report
  5. Committee Reports

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:

Approval of minutes of the Joint City Council/Planning and Zoning Commission meeting held June 14, 2001, and the Regular City Council meeting held June 19, 2001.

B. Ordinance No. 789-A, 1st Reading, Amending Ordinance No. 789, amending Fiscal Year 2000-01 Annual Budget. Public Hearing set for August 7, 2001.

C. Ordinance No. 804, 1st Reading, Amending Chapter 18, Article III, Section 18-80, of the Southlake City Code, to include a portion of South Carroll Avenue, East Continental Boulevard, and Breeze Way adjacent to Old Union Elementary School, as a designated school zone and a portion of South Kimball Avenue adjacent to George Dawson Middle School and Cleburne Eubanks Intermediate School, as a designated school zone. Public Hearing set for August 7, 2001.

D. Resolution No. 01-052, Extending the moratorium on outside storage for an additional 60 days.

E. ZA01-050, Plat Revision for Lots 4R1-4R7, Green Meadows Subdivision, on property legally described as Lot 4R, Green Meadows Subdivision, being 12.672 acres. Location: On the northeast corner of Crooked Lane and Continental Blvd. Current Zoning: "I-1" Industrial District. SPIN Neighborhood #7.

F. Ordinance No. 480-371, 1st Reading (ZA01-080) Zoning Change for J. J. Freshour, Lot 11, on property legally described as Tracts 3D1, 3D2A, and 3D2 of the J.J. Freshour Survey, Abstract No. 521, being 5.0 acres. Location: 2775 Florence Road. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF-1A" Single Family Residential District. SPIN Neighborhood #15. Public Hearing set for August 7, 2001.

G. Resolution No. 01-053, A resolution by the City Council of the City of Southlake, Texas, relating to the "Southlake Parks Development Corporation Sales Tax Subordinate Lien Revenue Bonds, Series 2001"; 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.

H. Authorize the Mayor to execute a Commercial Developer's Agreement for Cornerstone Business Park, Phase II, Lot 1, Block 1.

I. Approval of Change Order No. 4 to CMPA, Inc., for the Department of Public Safety - West Facility - City of Southlake Project No. 00-3320.

J. Approval of the Parks and Recreation Revised Revenue Policy.

K. Approval of the Southlake Library Collection Development Policy.

L. Approval of the Southlake Library Computer Service Policy.

M. Approval of the Southlake Library Information Services Policy.

REGULAR AGENDA

Public Forum.

Ordinances, second readings, public hearings, and related items:

 

A. Ordinance No. 480-370, 2nd Reading (ZA01-040) Rezoning and Concept Plan for Siena, on property legally described as Tracts 6, 6C4, 6E, and 6F1A in the J. Allen Survey, Abstract No. 18, and being 28.363 acres. Location: On the north side of Union Church Road, approximately 800’ west of Davis Boulevard. Current Zoning: "AG" Agricultural and "SF-1A" Single Family Residential District. Requested Zoning: "SF-20A" Single Family Residential District. SPIN Neighborhood #15.

PUBLIC HEARING.

B. ZA01-025, Site Plan for Panda Express, on property legally described as Lot 2, Block 1, Kimball 1709 Addition, and being 0.6559 acres. Location: On the east side of North Kimball Avenue, approximately 400’ north of East Southlake Blvd.(FM1709), and approximately 150’ south of State Hwy. 114. Current Zoning: "C-3" General Commercial District. SPIN Neighborhood #6.

PUBLIC HEARING.

C. ZA01-061, Revised Site Plan for Mirage Car Wash, on property legally described as Lot 2, T.J. Thompson No. 1502 Addition. Location: 955 Davis Boulevard. Current Zoning: "C-3" General Commercial District. SPIN Neighborhood #16.

PUBLIC HEARING.

8. Ordinances, first readings, and related items:

A. Ordinance No. 480-368, 1st Reading (ZA01-039) Rezoning and Site Plan for Secure Source, Inc., on property legally described as Tract 1E1 and 1E2A in the John Childress Survey, Abstract No. 253, and being 2.9571 acres. Location: 1476 Randol Mill Avenue and 1501 Randol Mill Avenue, on the south east corner of Randol Mill Avenue, approximately 50’ south west of Marantha Way. Current Zoning: "S-P-1" Detailed Site Plan District with "CS" Community Service District uses. Requested Zoning: "S-P-1" Detailed Site Plan District with "O-1" Professional Office District uses. SPIN Neighborhood #12.

THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE AUGUST 21, 2001, CITY COUNCIL MEETING.

B. Ordinance No. 480-364, 1st Reading (ZA01-027) Rezoning and Development Plan for Hidden Creek Estates (f.k.a. Haltom Creek Estates), on property legally described as Tracts 3A1G3, 3A1G, 3A1G5, 3A1G1, 3A1G2, 3A1G4, 3A1F1, 5B3, 5B, 5B2A, 5B2, 4E, and 4, Frances Throop Survey, Abstract No. 1511, and being 95.9 acres. Location: On the east side of North Carroll Avenue and the west side of Sunshine Lane, approximately 500’ south of East Dove Road. Current Zoning: "AG" Agricultural and "SF-1A" Single Family Residential District. Requested Zoning: "R-PUD" Residential Planned Unit Development. Amended Requested Zoning: "SF-1A" Single Family Residential District. SPIN Neighborhood #5. Public Hearing set for August 7, 2001.

Resolutions:

A. Resolution No. 01-035, Appointment of the Municipal Court Judge.

B. Resolution No. 01-042, Appointments to the Joint Drug and Alcohol Awareness Committee.

C. Resolution No. 01-045, Appointments to the Senior Advisory Commission.

D. Resolution No. 01-051, Authorizing Application for a Texas Recreation and Parks Account Program (TRPA) Indoor Recreation Grant from the Texas Parks and Wildlife Department.

Other items for consideration:

A. Town Hall Use Policy.

B. Authorize the Mayor to execute a Residential Developer's Agreement for Lakes on Dove.

Other items for discussion:

A. Changes to the Joint Drug and Alcohol Awareness Committee by-laws.

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, Texas, on Friday, July 13, 2001, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551.

Sandra L. LeGrand

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 817.481.1519, 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:

Hanson Aggregate Central, Inc., vs. City of Southlake. October 2000.

Marcus Taylor vs. City of Southlake and TRI DAL, LTD. March 2001.

3. City of Southlake vs. Timarron et.al. May 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.

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.

REGULAR CITY COUNCIL MEETING: JUNE 19, 2001

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.
  3. Interviews for Municipal Court Judge.

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. Hanson Aggregate Central, Inc., vs. City of Southlake.

b. Seek advice from attorney regarding City of Denton legal action against TXU for delinquent election and gas franchise fees.

c. Seek advice from attorney regarding the abstract of judgement affecting acquisition of right-of-way.

d. Seek advice from attorney regarding Aqua Source Water System in the Indian Creek area.

e. Seek advice from attorney regarding legal issues relating to management agreement.

f. Consider claim of Mr. and Mrs. Fox.

2. Section 551.072 Deliberation Regarding Real Property

a. Exchange of property at F.M. 1709 and Pearson Lane for property on Continental Boulevard adjacent to Public Works facility.

3. Section 551.074 Deliberation Regarding Personnel Matters

a. Deliberation of appointment of Municipal Court Judge.

b. Deliberation of appointment of Crime Control and Prevention District position.

B. Reconvene: Action necessary on items discussed in Executive Session.

3. INVOCATION: Chaplain of the Month, Coy Quesenbury, Lonesome Dove Baptist Church

4. REPORTS:

    1. Mayor’s Report
    2. City Manager’s Report
    3. SPIN Report
    4. Parks and Recreation Board Report
    5. Committee Reports

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:

    1. Approval of minutes of the Regular City Council meeting held June 5, 2001.

Commercial Developer's Agreement for O.W. Knight, Lot 19, west of Byron Nelson Parkway on F.M. 1709.

C. Approval of a License Agreement with Dallas Area Rapid Transit (DART) for the purpose of constructing, maintaining, and using the proposed Brumlow Avenue widening at the intersection of State Highway 26 across the DART right-B. Authorize the Mayor to execute aof-way.

D. Approval of North Central Texas Chapter of the National Multiple Sclerosis Society application to hold a fundraising Walk-A-Thon at a public facility (Rustin Park pavilion and Family Park).

E. Award of bid to Keck and Company for construction of restroom No. 2 and pump house, and Alternates #1, #2, and #3 for water intake structure, piping, and wet well at Bob Jones Park.

F. Approval of Change Order No. 3 to CMPA, Inc., for the Department of Public Safety - West Facility - City of Southlake Project No. 00-3320.

G. Award of bid for the construction of concrete pavement replacement in the Timberlake, Southview, and Myers Meadow additions.

H. ZA01-041, Plat Revision for The Lakes on Dove, on property legally described as Lot 2, Block 1, Emerald Estates South. Location: On the north side of East Dove Street approximately 15’ east of North Carroll Avenue. Current Zoning: "SF-1A" Single Family Residential District. SPIN Neighborhood # 3.

I. ZA01-043, Plat Revision for Lot 16R, Block 39, Crescent Royale, on property legally described as Lots 16 and 17, Block 39, Timarron Addition Crescent Royale. Location: 609 and 611 Regency Crossing on the east side of Regency Crossing and approximately 225’ west of Kensington Court. Current Zoning: "R-PUD" Residential Planned Unit Development. SPIN Neighborhood # 9w.

REGULAR AGENDA

  1. Public Forum.
  2. Ordinances, second readings, public hearings, and related items:

A. Ordinance No. 802, 2nd Reading, Verizon Wireless - Network Observation and Control Center, designating Reinvestment Zone Number Three in the City of Southlake, Texas, pursuant to Chapter 312 of the Texas Tax Code; establishing the boundaries thereof and other matters relating thereto; providing that this ordinance shall be cumulative of all ordinances; and providing a severability clause.

PUBLIC HEARING.

B. Resolution No. 01-037, Adopting a Revised Tax Abatement Policy; establishing guidelines and criteria for tax abatement agreements; and electing to become eligible to participate in tax abatement.

C. Resolution No. 01-038, Approving the terms and conditions of an agreement by and among the City of Southlake, Texas, and Cellco Partnership d/b/a Verizon Wireless; establishing and providing for tax abatement; and authorizing its execution by the Mayor.

D. Resolution No. 01-039, Approving the terms and conditions of a program to promote economic development and stimulate business and commercial activity in the city; and authorizing the Mayor to execute an agreement with Cellco Partnership d/b/a Verizon Wireless for such purposes.

E. Ordinance No. 480-144A (previously referenced as Ordinance No. 480-369), 2nd Reading (ZA01-038) Rezoning on property legally described as Tract 2C1A, T. M. Hood Survey, Abstract No. 706, and being 1.00 acre. Location: On the east side of Suffolk Court, approximately 700’ north of Turnberry Lane. Current Zoning: "AG" Agricultural. Requested Zoning: "R-PUD" Residential Planned Unit Development. SPIN Neighborhood # 11.

PUBLIC HEARING.

F. Ordinance No. 480-367, 2nd Reading (ZA01-047) Rezoning on property legally described as Tract 2C1, T. M. Hood Survey, Abstract No. 706, and being 1.3 acres. Location: 1310 North Shady Oaks being on the east side of North Shady Oaks approximately 680’ north of Turnberry Lane. Current Zoning: "AG" Agricultural. Requested Zoning: "SF-1A" Single Family Residential District. SPIN Neighborhood # 11.

PUBLIC HEARING.

8. Ordinances, first readings, and related items:

A. Ordinance No. 480-370, 1st Reading (ZA01-040) Rezoning and Concept Plan for Siena, on property legally described as Tracts 6, 6C4, 6E, and 6F1A in the J. Allen Survey, Abstract No. 18, and being 28.363 acres. Location: On the north side of Union Church Road, approximately 800’ west of Davis Boulevard. Current Zoning: "AG" Agricultural and "SF-1A" Single Family Residential District. Requested Zoning: "SF-20A" Single Family Residential District. SPIN Neighborhood # 15. Public Hearing set for July 17, 2001.

  1. Resolutions:

    A. Resolution No. 01-035, Appointment of the Municipal Court Judge.

    B. Resolution No. 01-036, Appointment to the Crime Control and Prevention District to fill the unexpired term of Peter Gaal.

    C. Resolution No. 01-041, Appointments to the Building Board of Appeals.

    D. Resolution No. 01-042, Appointments to the Joint Drug and Alcohol Awareness Committee.

    E. Resolution No. 01-043, Appointment to the Joint Utilization Committee.

    F. Resolution No. 01-044, Appointments to the Library Board.

    G. Resolution No. 01-045, Appointments to the Senior Advisory Commission.

    H. Resolution No. 01-046, Appointment of a Council appointee to the Southlake Library Foundation.

    I. Resolution No. 01-047, Appointment of a Council Representative as Liaison to DFW Airport.

  2. Other items for consideration:

    A. Town Hall Use Policy.

  3. 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, Southlake, Texas, on Friday, June 15, 2001, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551.

Sandra L. LeGrand

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 817.481.1519, 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. City of Southlake and TRI DAL, LTD. March 2001.

3. City of Southlake vs. Timarron et.al. May 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.

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.


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