2000-06-26 CC Retreat City of Southlake, Texas
SOUTHLAKE CITY COUNCIL JUNE RETREAT
DAY ONE (Business Meeting)
LOCATION: Southlake City Hall
Council Chambers
667 North Carroll Avenue, Southlake, Texas
DATE and TIME: MONDAY, JUNE 26, 2000, 4:00 P.M.
AGENDA
1. Call to order
2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551 of
The Texas Government Code, Sections 551.071, 551.072, 551.073,
551.074, 551.076 and 551.086. Executive Session may be held, under
these exceptions, 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 attorney regarding Pioneer Concrete of
Texas, Inc.
b. Legal issues related to land - locked property.
c. Possible sale of city -owned property at located at the
intersection of FM 1709 and Pearson Lane.
d. Attorney General Opinion regarding common law doctrine
of incompatibility.
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. Land acquisition for public works improvements.
B. Reconvene: Action necessary on items discussed in Executive Session.
3. Public Forum
4. Ordinances, second readings, public hearings, and related items:
A. ZA 00 -061, Revised Site Plan for Kirby's Steakhouse, on property legally
described as Lot 9, 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 2.00 acres. Location: East of Bank Street, southwest
of State Highway 114, and approximately 400' south of East Southlake
Boulevard (F.M.1709). Current Zoning: "C -3" General Commercial
City of Southlake, Texas
Regular City Council Meeting Agenda
June 26, 2000
Page 2
District. Applicant: Kirby's Steakhouse. Owner: Southlake Investments,
L.L.C. SPIN Neighborhood #7.
PUBLIC HEARING.
5. Ordinances, first readings and related items:
A. Ordinance No. 480 -346, 1 Reading, ZA 00 -037, Rezoning on property
legally described as Tracts 4G1 and 4H situated in the J. J. Freshour
Survey, Abstract No. 521, and being approximately 4.0 acres. Location:
North side of Johnson Road approximately 660' east of North Pearson
Lane. Current Zoning: "AG" Agricultural District. Requested Zoning:
"SF -1A" Single Family Residential District. Owners and Applicants:
Andrea Huffstutler, Diana Taylor, Laura Cronin, and Elizabeth Blessing.
SPIN Neighborhood #15. Public Hearing set for July 18, 2000.
B. ZA 00 -038, Plat Showing for Lots 9 & 10, J. J. Freshour No. 521
Addition, on property legally described as Tracts 4G1 and 4H situated in
the J. J. Freshour Survey, Abstract No. 521, and being approximately 4.0
acres. Location: North side of Johnson Road approximately 660' east of
North Pearson Lane. Current Zoning: "AG" Agricultural District. Owners
and Applicants: Andrea Huffstutler, Diana Taylor, Laura Cronin, and
Elizabeth Blessing. SPIN Neighborhood #15.
C. Ordinance No. 480 -347, 1 Reading, ZA 00 -040, Rezoning and Site Plan
for Georgetown Park, Phase III, on property legally described as Lot 1R3,
Block 1, Georgetown Park, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Cabinet A, Slide 4041,
Plat Records, Tarrant County, Texas, and being approximately 1.554
acres. Location: 2485 E. Southlake Boulevard being approximately 700'
east of South Kimball Avenue and 700' south of East Southlake
Boulevard. Current Zoning: "C -2" Local Retail Commercial District.
Requested Zoning: "0-1" Office District. Owner and Applicant:
Georgetown Monticello Partners, Ltd. SPIN Neighborhood #7. Public
Hearing set for July 18, 2000.
D. Mid -Year Budget Review
E. Ordinance No. 756 -A, 1 Reading, Revisions to the FY 99 -00 Budget.
Public Hearing set for July 18, 2000.
6. Adjournment.
City of Southlake, Texas
Regular City Council Meeting Agenda
June 26, 2000
Page 3
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
Boulev d, Southlake, Texas, on Friday, June 23, 2000 at 4:00 p.m., pursuant to the
Texas vernment '.4
/ , ���y
k. 4 •.0
Sandra L. LeGrand ` vI i
City Secretary i :0
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If you plan to attend this j c ret nd have a disability that requires special needs,
please advise the City Secreti gnours 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
June 26, 2000
Page 4
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.
SPECIAL CITY COUNCIL MEETING
JUNE RETREAT (DAY ONE)
667 NORTH CARROLL AVENUE
SOUTHLAKE, TEXAS
JUNE 26, 2000
MINUTES
COUNCILMEMBERS PRESENT: Mayor Rick Stacy; Mayor Pro Tern Gary Fawks
(arrived at 5:40 p.m.); Deputy Mayor Pro Tem Ronnie Kendall. Members: Patsy DuPre,
Greg Standerfer, Rex Potter, and Keith Shankland.
CITY STAFF PRESENT: City Manager Billy Campbell; Assistant City Manager Shana
Yelverton; Director of Finance Sharen Elam; Director of Economic Development Greg
Last; Director of Community Services Kevin Hugman; Director of Planning Bruce
Payne; Director of Public Safety Garland Wilson; City Attorney E. Allen Taylor Jr.; and,
City Secretary Sandra L. LeGrand.
Agenda Item gl, Call to Order
Mayor Rick Stacy called the Southlake City Council June Retreat, Day One, to order at
4:15 p.m. The City Council meeting was audio and video tape-recorded for future
reference. Copies are available by request from the City Secretary.
Agenda Item O4-A, ZA 00-061, Revised Site Plan for Kirby's Steakhouse
ZA 00-061, Revised Site Plan for Kirby's Steakhouse, on property legally described as
Lot 9, 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 2.00 acres. Current zoning is
"C-Y' General Commercial District. Applicant: Kirby's Steakhouse. Owner: Southlake
Investments, L.L.C.
Senior Comprehensive Planner Chris Carpenter noted that this site plan proposes
approximately 500 square feet of new dining area on the north side of the existing
Kirby's Steakhouse and revises the north elevation. Results of these changes include an
increase in the interior landscape plantings required with the addition and compliance
with building articulation in the Con'idor Overlay Zone. Mr. Carpenter noted that four
(4) notices were sent to property owners within the 200' notification area and one
response was received.
The Planning and Zoning Commission recommended approval of this item (7-0 vote) at
their meeting of June 22, 20, subject to Staff Review Summary No. 2, dated June 16,
2000 and granting relief on the additional canopy tree planting and the horizontal
articulation on the north wall.
Special City Council Meeting Minutes of June 26, 2000 Page 1 of 6
Scott Rogers, Richard Ferrara Architect, Inc. 445 East Walnut Street, #131, Richardson,
Texas. Mr. Rogers was present to answer questions of Council.
PUBIC HEARING: No comments were made during the public hearing.
Motion was made to approve ZA 00-061, Revised Site Plan for Kirby's Restaurant,
subject to the Site Plan Review Summary No. 2, dated June 16, 2000, subject to Item #2
[provide one additional canopy tree in compliance with the required interior landscape
requirements].
Motion: Standerfer
Second: DuPre
Ayes: Standerfer, DuPre, Potter, Kendall, Shankland, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item #5-A, Ordinance No. 480-346, 1st Reading (ZA 00-037)
Ordinance No. 480-346, 1st Reading (ZA 00-037), Rezoning on property legally
described as Tracts 4Gl, and 4H, situated in the I.J. Freshour Survey, Abstract No. 521,
and being approximately 4.0 acres. Current zoning is "AG" Agricultural District with a
requested zoning of"SF-1A" Single Family Residential District. Owners and Applicants:
Andrea Huffstutler, Diana Taylor, Laura Cronin, and Elizabeth Blessing.
Senior Comprehensive Planner Chris Carpenter noted that the property is currently
undeveloped, and heavily wooded. The property is bound on the east by 10 developed
residential lots ("SF-20B") on the platted Vista Trails Subdivision. There are three
adjacent residences on the west side of the property, on two platted lots ("SF-1B") and
one unplatted Tract ("AG"). The Planning and Zoning Commission recommended
approval of this item (7-0 vote) at their regular meeting on June 22, 2000. Twenty-four
(24) notices were sent to property owners within the 200' notification area and one (1)
response was received, in favor of.
Laura Cronin, applicant. Ms. Cronin was present to answer questions of council.
Motion was made to approve Ordinance No. 480-346, Ist Reading (ZA 00-037).
Motion: DuPre
Second: Kendall
Ayes: DuPre, Kendall, Shankland, Standerfer, Potter, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item #5-B, ZA 00-038, Plat Showing for Lots 9 & 10, J.J. Freshour No. 521
Addition.
Special City Council Meeting Minutes of June 26, 2000 Page 2 of 6
ZA 00-038, Plat Showing of Lots 9 & 10, J.J. Freshour No. 521 Addition, on property
legally described as Tracts 4Gl and 4H situated in the J.J. Freshour Survey, Abstract No.
521, and being approximately 4.0 acres. Current zoning is "AG" Agricultural District.
Owners and Applicants: Andrea Huffstutler, Diana Taylor, LAU Cronin, and Elizabeth
Blessing.
Senior Comprehensive Planner Chris Carpenter noted that this plat proposes two
residential lots from an existing tract currently configures as a "flag lot". Each proposed
lot contains approximately 2 acres. The property is currently undeveloped, and heavily
wooded. The property is bound on the east by 10 developed residential lots of the platted
Vista trails subdivision There are three adjacent residences on the west side of the
property, on two platted lots and one unplatted tract.
Mr. Carpenter noted that twenty-four (24) notices were sent to property owners within the
200' notification area and two (2) responses were received, one in favor and one
undecided. The Planning and Zoning Commission recommended approval of this item
(7-0 vote) subject to Staff Review Summary No. 3, dated June 2, 2000, at their regular
meeting of June 22, 2000.
Motion was made to approve ZA 00-038, subject to the Plat Review Summary No. 3,
dated June 2, 2000; granting the variance requested for the minimum front building line.
Motion: DuPre
Second: Standerfer
Ayes: DuPre, Standerfer, Potter, Kendall, Shankland, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item #5-C, Ordinance No. 480-347, Ist Reading (ZA 00-040)
Ordinance No. 480-347, 1st Reading (ZA 00-040), Rezoning and Site Plan for
Georgetown Park, Phase III, on property legally described as Lot 1R2, Block 1,
Georgetown Park, an addition of the City of Southlake, Tarrant County, Texas, according
to the plat recorded in Cabinet A, Slide 4041, Plat Records, Tarrant County, Texas, and
being approximately 1.554 acres. Current zoning is "C-2" Local Retail Commercial
District, with a requested zoning of "O-1" Office District. Owner and Applicant:
Georgetown Monticello Partners, Ltd.
Senior Comprehensive Planner Chris Carpenter noted the property is currently developed
with a two-story office building, per a previously approved site plan. All landscaping,
parking and other improvements are currently in place. The building is located on an
individually platted lot of larger retail/office complex. This is the southern most lot in the
development. The Meadow Oaks Subdivision is located southwest of the property
rezoning. Council approved the previous site plan on March 13, 1998. Mr. Carpenter
noted that nine (9) notices sent to property owners within the 200' notification area and
two responses were received, in favor of. The Planning and Zoning Commission
recommended approval of this item (7-0 vote) at their regular meeting of June 22, 2000.
Special City Council Meeting Minutes of June 26, 2000 Page 3 of 6
The record reflected that the applicant is rezoning to the "O-1" Office District in order to
seek a Specific Use Permit for the addition of a carport. In order to seek a rezoning in the
Corridor Overlay Zone, the applicant must present a site plan with any proposed
improvements; therefore, a site plan has been submitted showing the carport location.
Steve Isbell, Capital Realty, Grapevine, Texas. Mr. Isbell answered questions for
Council regarding the carport.
Motion was made to approve Ordinance No. 480-347, 1st Reading (ZA 00-040), and Site
Plan for Lot 1R3, Georgetown Park, Phase III, subject to the Site Plan Review Summary
No. 3, dated June 16, 2000.
Motion: Standerfer
Second: DuPre
Ayes: Standerfer, DuPre, Potter, Kendall, Shankland, Stacy
Nays: None
Approved: 6-0 vote
Agenda Item #2-A, Executive Session
Mayor Rick Stacy advised the audience that the City Council would be going into
Executive Session pursuant to the Texas Government Code, Sections 551.071, 551.072,
551.073, 551.074, 551.086, to seek legal advise from our City Attorney; to deliberate
regarding real property matters; to deliberate regarding a prospective gift,, to deliberate
regarding personnel matters; to deliberate regarding security devices; and/or to
deliberate regarding economic development negotiations.
Council adjourned into executive session at 4:35 p.m.
Council returned to open session at 6:50 p.m.
]Mayor Stacy was not present for the executive session during deliberations
regarding real property]
Agenda Item #2-B, Action Necessary/Executive Session
Motion was made that the City Council authorize the City Manager to execute a contract
of sale with Harold Knight and J.L. Clow for the purpose of right-of-way necessary of
intersection improvements at State Highway 114 and North White Chapel Boulevard for
the amount discussed during the executive session.
Motion: DuPre
Second: Standerfer
Ayes: DuPre, Standerfer, Potter, Fawks, Kendall, Shankland.
Nays: None
Abstention: Stacy
Approved: 6-0-1 vote
Special City Council Meeting Minutes of June 26, 2000 Page 4 of 6
Motion was made to approve the City Council to authorize the City Manager to execute a
contract of sale with Town and Country Food Stores for the purchase of right-of-way
necessary for intersection improvements at State Highway 114 and White Chapel
Boulevard for the amount discussed in executive session.
Motion: DuPre
Second: Standerfer
Ayes: DuPre, Standerfer, Potter, Fawks, Kendall, Shankland
Nays: None
Abstention: Stacy
Approved: 6-0-1 vote
Motion was made to approve the City Council to authorize the City Manager to execute a
contract of sale with DFW/White Chapel 2 Ltd., for the purchase of right-of-way
necessary for intersection improvements at State Highway 114 and White Chapel
Boulevard for the amount discussed in executive session.
Motion: DuPre
Second: Standerfer
Ayes: DuPre, Standerfer, Potter, Fawks, Kendall, Shankland
Nays: None
Abstention: Stacy
Approved: 6-0-1 vote
Agenda Item #5-D, Mid-Year Budget Review
Director of Finance Sharen Elam presented the mid-year financial review for the first
eight months of the fiscal year 2000. The mid review focuses on receipts from October
1999 through May 2000 and how the total relates to the amount budgeted. Included in
the report is a copy of the General Fund Statement of Revenues, Expenditures and
Changes in Fund Balance for the period ending on May 2000. Ms. Elam also included
the Water and Sewer Enterprise Fund Comparative Statement of Revenues and Expenses
for the period which ended May 2000. A copy of the information presented is hereby
attached to the minutes of this meeting.
Agenda Item #5-E, Ordinance No. 756-A, 1st Reading, Revisions to the FY99-00
Budget.
Ordinance No. 756-A, 1st Reading, was presented to the City Council to reflect the
proposed mid-year changes to the Adopted FY 1999-2000 Budget. She noted there are
only three (3) divisions proposing an increase as outlined in the information presented,
however, in total the proposed FY 1999-2000 budget reflects a decrease in revenues and
expenditures 0f$134,853 and $630,965 respectively. It is anticipated that fund intgegrity
will be maintained, as the expenditure adjustments reflect the general fund balance at
15.3%. This is within the adopted Fund Balance Policy, which states a minimum balance
of 15% and an optimum balance of 25%.
Special City Council Meeting Minutes of June 26, 2000 Page 5 of 6
Motion was made to approve the 1st Reading of Ordinance No. 756-A, Revisions to the
FY 99-00 Budget.
Motion: Fawks
Second: Potter
Ayes: Fawks, Potter, Kendall, Shankland, DuPre, Standerfer, Stacy
Nays: None
Approved: 7-0 vote
Agenda Item #6, Adjournment
Mayor Rick Stacy adjourned the meeting at 7:30 p.m.
=7-'. ~
S~a L. LeGr~d
City Secret~
A:\SPEC-CC-MIN-6-26-00..doc
Special City Council Meeting Minutes of June 26, 2000 Page 6 of 6