1999-02-02 City of Southlake, Texas
REGULAR CITY COUNCIL MEETING: February 2,1999
LOCATION: 667 North Carroll Avenue, Southlake, Texas
City Council Chambers in City Hall
WORK SESSION: 5:00 P.M. TO 6:00 P.M.
1. Call to order.
2. Discussion of all items on tonight's meeting agenda.
REGULAR SESSION: 6:00 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 from 6:00 p.m. to 7:00 p.m.
B. Reconvene: Action necessary on items discussed in executive session.
3. INVOCATION: Joel Calhoun, Chaplain for February
4. REPORTS:
A. Mayor's Report
B. City Manager's Report/Update on Town Square
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 on January
19, 1999.
City of Southlake, Texas
Regular City Council Meeting Agenda
February 2, 1999
Page 2
B. Authorize the Mayor to enter into a developer agreement for Timarron,
Village H, Phase II (Huntly Manor).
C. Award of bid to Everspan, Inc., for the installation of sanitary sewer in the
Jellico Estates Addition.
D. Authorization to advertise for bids for mowing services for parks and
City facilities.
E. Authorize the Mayor to dedicate the right -of -way of Fox Fire Lane to the
City of Grapevine.
F. Award of contract to Systems Integration for the installation of a pump,
motor, and electrical switchgear for modifications to the Southlake /Keller
Pump Station.
G. Resolution No. 99 -03, Calling a General Election for May 1, 1999, and
establishing the procedures for the election.
H. Resolution No. 99 -05, Establishing a legislative agenda for the City of
Southlake.
I. Ordinance No. 734, 1 reading, Approving Rate Schedules for Texas
Utilities Electric Company. Public hearing set for February 16, 1999.
REGULAR AGENDA
6. Public Forum
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 480 -297, 2nd Reading (ZA 98 -156), Rezoning and Site Plan
for Tom Thumb Center, on property legally described as Lot 3, and a
portion of Lots 2 and 4, L.B.G. Hall No. 686 Addition, an addition to the
City of Southlake, Tarrant County, Texas, according to the plat recorded
in Cabinet A, Slide 1216, Plat Records, Tarrant County, Texas, and a
1.174 acre portion of Tract 1C2 situated in the L.B.G. Hall Survey,
Abstract No. 686, for a total acreage of approximately 7.691 acres. The
property is generally located on the northwest corner of the intersection of
North White Chapel Boulevard and West Southlake Boulevard (F.M.
1709). Current Zoning: "CS" Community Service District and "S -P -2"
Generalized Site Plan District with "C -3" General Commercial District
uses excluding the following uses: frozen food lockers for individual or
City of Southlake, Texas
Regular City Council Meeting Agenda
February 2, 1999
Page 3
family use, not including the processing of food except cutting or
wrapping; bowling alleys; conventional golf courses, including outdoor
driving ranges accessory thereto, but excluding outdoor miniature golf
courses; lodges, sororities and /or fraternities; 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; mortuaries, funeral homes and undertakers; skating rinks, ice and
roller (indoor only); and taverns, clubs and other comparable
establishments under which the on- premises consumption of alcoholic
beverages is permitted subject to issuance of a special use permit as
required in Section 45 of Zoning Ordinance No. 480. Requested Zoning:
"S -P -2" Generalized Site Plan District with "C -3" General Commercial
District uses. Amended Requested Zoning: "S -P -2" Generalized Site
Plan District with "C -3" General Commercial District uses excluding
the following uses; frozen food lockers for individual or family use, not
including the processing of food except cutting or wrapping; bowling
alleys; conventional golf courses, including outdoor driving ranges
accessory thereto, but excluding outdoor miniature golf courses; lodges,
sororities and/or fraternities; 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;
mortuaries, funeral homes and undertakers; skating rinks, ice and roller
(indoor only); taverns, clubs and other comparable establishments under
which the on premises consumption of alcoholic beverages is permitted
subject to issuance of a special use permit as required in Section 45 of
Zoning Ordinance No. 480, and movie theaters. Applicant: Bury &
Pittman — DFW, Inc. Owner: EPIPD - Southlake No. 1, L.P. SPIN
Neighborhood #10.
PUBLIC HEARING.
B. ZA 98 -135, Plat Revision for proposed Lots 2R1, 2R2, and 4R, L.B.G.
Hall No. 686 Addition, being a revision of Lots 2, 3, and 4, L.B.G. Hall
No. 686 Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 1216, Plat
Records, Tarrant County, Texas, and a 1.174 acre portion of Tract 1 C2
situated in the L.B.G. Hall Survey, Abstract No. 686, and being
approximately 10.127 total acres. Location: On the northwest corner of
the intersection of North White Chapel Boulevard and West Southlake
Boulevard (F.M. 1709). Current Zoning: "CS" Community Service
District and "S -P -2" Generalized Site Plan District with "C -3" General
Commercial District uses excluding the following uses: frozen food
City of Southlake, Texas
Regular City Council Meeting Agenda
February 2, 1999
Page 4
lockers for individual or family use, not including the processing of food
except cutting or wrapping; bowling alleys; conventional golf courses,
including outdoor driving ranges accessory thereto, but excluding outdoor
miniature golf courses; lodges, sororities and/or fraternities; 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; mortuaries, funeral homes and undertakers; skating
rinks, ice and roller (indoor only); and taverns, clubs and other comparable
establishments under which the on- premises consumption of alcoholic
beverages is permitted subject to issuance of a special use permit as
required in Section 45 of Zoning Ordinance No. 480. Applicant: Bury &
Pittman — DFW, Inc. Owners: EPIPD — Crossroads Square, L.P., and the
City of Southlake. SPIN Neighborhood #10.
C. ZA 98 -159, Site Plan for Gateway Plaza, on property legally described as
Lots 1 through 14, Block E; Lots 20 through 22, Block E; Lot 31 and a
portion of Lot 32, Block E; Lots 1 through 6, Block D; a public alley, and
the following dedicated public Rights -of -Way: Austin Place, Oak Knolls
Drive, and Gatewood Lane, all being a part of Oak Knolls Lakeview
Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Volume 388 -W, Page 51, Plat Records,
Tarrant County, Texas; Lot 30R, Block E, Oak Knolls Lakeview Addition,
an addition to the City of Southlake, Tarrant County, Texas, according to
the plat recorded in Volume 388 -183, Page 40, Plat Records, Tarrant
County, Texas; Lots 1A, 1B, 2, 3A, 3B, 3B1, 4, 5A, and 5B, Block A, and
a public alley, all being a part of Oak Knoll Business Park, an addition to
the City of Southlake; Tract 6B, W.E. Mayfield's Subdivision, according
to the plat recorded in Volume 388 -C, Page 4, Plat Records, Tarrant
County, Texas, and Tracts 3, 3B, 3C, 3E, 8, and 8B, situated in the
Thomas Easter Survey, Abstract No. 474, excluding the proposed Lots 4
and 5, Block B, (located in the northwest corner of the site and totaling
approximately 2.4658 acres) and being approximately 39.5212 acres.
This property is generally located on the northwest corner of the
intersection of State Highway 114 and East Southlake Boulevard (F.M.
1709). Current Zoning: "S -P -2" Generalized Site Plan District with
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
City of Southlake, Texas
Regular City Council Meeting Agenda
February 2, 1999
Page 5
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; and requiring that Building 13 to be
contained in its own lot and to allow single story 0-1 uses only or a sit -
down restaurant with table service within the same pavement envelope.
Applicant: Lincoln Property Company. Owners: Southlake Properties,
Inc.; Shirley A. McCarty; John Michael Tate; Victor L. Leighton; Carlos
E. Dorris; Thomas C. and Nancy C. Reilly; Cindy Jane Suski; Mary
Louise Albano; Peter and Kristine Johnson; Eugene and Frances A. Bump;
Mary Hutchinson; Charles Wood; Dennis Carpenter; and Kevin Lawrence
Marks. SPIN Neighborhood #7.
PUBLIC HEARING.
D. ZA 98 -160, Preliminary Plat for Gateway Plaza, on property legally
described as Lots 1 through 14, Block E; Lots 20 through 22, Block E; Lot
26R, Lot 31 and a portion of Lot 32, Block E; Lots 1 through 6, Block D;
a public alley, and the following dedicated public Rights -of -Way: Austin
Place, Oak Knolls Drive, and Gatewood Lane, all being a part of Oak
Knolls Lakeview Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Volume 388 -W, Page 51,
Plat Records, Tarrant County, Texas; Lot 30R, Block E, Oak Knolls
Lakeview Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Volume 388 -183, Page 40, Plat
Records, Tarrant County, Texas; Lots 1A, 1B, 2, 3A, 3B, 3B1, 4, 5A, and
5B, Block A, and a public alley, all being a part of Oak Knoll Business
Park, an addition to the City of Southlake; Tract 6B, W.E. Mayfield's
Subdivision, according to the plat recorded in Volume 388 -C, Page 4, Plat
Records, Tarrant County, Texas, and Tracts 3, 3B, 3C, 3E, 8, and 8B,
situated in the Thomas Easter Survey, Abstract No. 474, and being
approximately 43.3217 acres. This property is generally located on the
northwest corner of the intersection of State Highway 114 and East
Southlake Boulevard (F.M. 1709). Current Zoning: "S -P -2" Generalized
Site Plan District with 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
City of Southlake, Texas
Regular City Council Meeting Agenda
February 2, 1999
Page 6
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; and requiring that Building 13 to be contained in its own lot and
to allow single story 0-1 uses only or a sit -down restaurant with table
service within the same pavement envelope. Applicant: Lincoln Property
Company. Owners: Southlake Properties, Inc.; Shirley A. McCarty; John
Michael Tate; Victor L. Leighton; Carlos E. Dorris; Thomas C. and Nancy
C. Reilly; Cindy Jane Suski; Mary Louise Albano; Peter and Kristine
Johnson; Eugene and Frances A. Bump; Mary Hutchinson; Charles Wood;
Dennis Carpenter; and Kevin Lawrence Marks. SPIN Neighborhood #7.
E. Request for Conditional Sign Permit for Gateway Plaza Development.
F. Ordinance No. 480 -298, 2" Reading (ZA 98 -136), Rezoning and Site Plan
for Davis Boulevard Center, on property legally described as being a
portion of Tract 1B1, situated in the T.J. Thompson Survey, Abstract No.
1502, and being approximately 0.55 acres. Location: On the east side of
Davis Boulevard (F.M. 1938) approximately 300' north of Continental
Boulevard. Current Zoning: "AG" Agricultural District. Requested
Zoning: "C -2" Local Retail Commercial District. Applicant: Segal
Enterprises. Owner: Ron Woods. SPIN Neighborhood #16.
PUBLIC HEARING.
G. Ordinance No. 480 -299, 2n Reading (ZA 98 -137), Rezoning and Site Plan
for Davis Boulevard Center, on property legally described as being a
portion of Tract 1B1, situated in the T.J. Thompson Survey, Abstract No.
1502, and being approximately 1.23 acres. The property is generally
located on the northeast corner of the intersection of Davis Boulevard
(F.M. 1938) and Continental Boulevard. Current Zoning: "AG"
Agricultural District. Requested Zoning: "C -3" General Commercial
District. Amended Requested Zoning: "S-P-1" Detailed Site Plan
District with "C -2" Local Retail Commercial District uses. Applicant:
Segal Enterprises. Owner: Ron Woods. SPIN Neighborhood #16.
PUBLIC HEARING.
City of Southlake, Texas
Regular City Council Meeting Agenda
February 2, 1999
Page 7
H. Ordinance No. 480 -300, 2nd Reading (ZA 98 -155), Rezoning for proposed
Lot 3, Davis Boulevard Center, on property legally described as being a
portion of Tract 1B1, situated in the T.J. Thompson Survey, Abstract No.
1502, and being approximately 3,000 square feet. Location: On the
northeast corner of the intersection of Continental Boulevard and Davis
Boulevard (F.M. 1938). Current Zoning: "AG" Agricultural District.
Requested Zoning: "CS" Community Service District. Applicant: City of
Southlake. Owner: Ron Woods. SPIN Neighborhood #16.
PUBLIC HEARING.
I. ZA 98 -143, Concept Plan for Dry Clean Super Center, on property legally
described as Lot 5, Thomas Easter No. 474 Addition, an addition to the
City of Southlake, Tarrant County, Texas, according to the plat recorded
in Cabinet A, Slide 4123, Plat Records, Tarrant County, Texas, and being
approximately 2.670 acres. This property is generally located on the
southeast corner of the intersection of East Southlake Boulevard (F.M.
1709) and Crooked Lane Boulevard. Current Zoning: "S -P -2"
Generalized Site Plan District with "C -2" Local Retail Commercial
District uses and limited "I -1" Light Industrial District uses. Applicant:
Kwik Industries, Inc. Owner: Southlake Properties, Inc. SPIN
Neighborhood #7.
PUBLIC HEARING.
J. ZA 98 -142, Plat Revision for the proposed Lots 5R1 and 5R2, Thomas
Easter No. 474 Addition, being a revision of Lot 5, Thomas Easter No.
474 Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 4123, Plat Records,
Tarrant County, Texas, and being approximately 2.670 acres. This
property is generally located on the southeast corner of the intersection of
East Southlake Boulevard (F.M. 1709) and Crooked Lane Boulevard.
Current Zoning: "S -P -2" Generalized Site Plan District with "C -2" Local
Retail Commercial District uses and limited "I -1" Light Industrial District
uses. Applicant: Caddy Property Management Ent., LLC. Owner:
Southlake Properties, Inc. SPIN Neighborhood #7.
K. ZA 98 -145, Site Plan for Dardan Square, on property legally described as
a portion of Tract 2, situated in the Hiram Granberry Survey, Abstract No.
581, and being approximately 0.705 acres. Location: On the south side of
West Southlake Boulevard (F.M. 1709) approximately 150' east of the
intersection of West Southlake Boulevard and Lake Crest Drive. Current
Zoning: "C -2" Local Retail Commercial District. Applicant: Dana
Bailey. Owner: Conner Lam. SPIN Neighborhood #14.
PUBLIC HEARING.
City of Southlake, Texas
Regular City Council Meeting Agenda
February 2, 1999
Page 8
L. ZA 98 -152, Site Plan for Panorama Place, Phase II, on property legally
described as a portion of Tract 5A, situated in the W.W. Hall Survey,
Abstract No. 695, and being approximately 0.89 acres. Location: On the
west side of North Carroll Avenue approximately 375' south of Southcrest
Court. Current Zoning: "0-1" Office District. Applicant: Panorama
Properties, Inc. Owner: John Cole. SPIN Neighborhood #10.
PUBLIC HEARING.
M. ZA 98 -165, Site Plan for McDonald's, on property legally described as
Lot 4, Block 1, Southlake Crossing, Phase II, an addition to the City of
Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 1614,
Plat Records, Tarrant County, Texas, and being approximately 1.056
acres. Location: On the south side of West Southlake Boulevard (F.M.
1709) approximately 400' east of Davis Boulevard (F.M. 1938). Current
Zoning: "C -3" General Commercial District. Owner and Applicant:
McDonald's Corporation. SPIN Neighborhood #16.
PUBLIC HEARING.
N. Ordinance No. 733, 2 " Reading, Amending Chapter 18, Article III,
Section 18 -80, of the Southlake City Code, revising the block addresses of
school crossing zones that have a 20 mph speed limit, and revising the
designated hours of the school zone.
PUBLIC HEARING.
O. Ordinance No. 732, 2nd Reading, Amending Chapter 11 of the Southlake
Code of Ordinances with the addition of Section 11 -1, prohibiting
urinating and defecating in certain locations.
PUBLIC HEARING.
P. Ordinance No. 731, 2nd Reading, Revising Chapter 5, Article V, "Sexually
Oriented Businesses" of the Southlake City Code (1996) and amending the
Comprehensive Zoning Ordinance, No. 480, as amended.
PUBLIC HEARING.
8. Ordinances, first readings, and related items:
A. Ordinance No. 693 -A, 1 Reading, Amending Ordinance 693, providing
revisions to Appendix Chapter 33 of the Uniform Building Code,
Excavation and Grading. Public Hearing set for February 16, 1999.
9. Resolutions: (no items this agenda)
City of Southlake, Texas
Regular City Council Meeting Agenda
February 2, 1999
Page 9
10. Other items for consideration:
A. Strategies for extension of infrastructure and other development incentives
for the S.H. 114 corridor.
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, January 29, 1999 at 6:00 p.m., pursuant to the
Texas Government Code, Chapter 551.
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Sandra L. LeGrand z R`
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City Secretary
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If you plan to attend this public meeting andlititit4 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
February 2, 1999
Page 10
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
February 2, 1999
Page 11
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.
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