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1999-03-23 City of Southlake, Texas REGULAR CITY COUNCIL MEETING: March 23, 1999 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers in City Hall 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: Coy Quesenbury, Chaplain for March 4. REPORTS: A. Mayor's Report B. City Manager's Report/Update on Town Square C. SPIN Report D. Parks 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 on March 2, 1999 and the minutes of the Special City Council meeting held February 23, 1999. B. Authorize the Mayor to enter into agreements between New World Systems Corporation and the City of Southlake for standard software City of Southlake, Texas Regular City Council Meeting Agenda March 23, 1999 Page 2 license and services to replace the majority of the City's software operating system. Table to C. Ordinance No. 480 -305, 2 " Reading (ZA 98 -118), Rezoning and 4/6/99 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: On the 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. PUBLIC HEARING. The applicant has requested to table this item to the April 6, 1999 City Council meeting. Table to D. ZA 98 -119, Preliminary Plat for Chesapeake Place, on property legally 4/6/99 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: On the 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. The applicant has requested to table this item to the April 6, 1999 City Council meeting. REGULAR AGENDA 6. A. Public Forum B. FY98 Audit Presentation — Weaver and Tidwell 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -301, 2 Reading (ZA 98 -149), Rezoning and Site Plan for Barton House Uncommon Care, Inc., on property legally described as Tract 6D situated in the Thomas M. Hood Survey, Abstract No. 706, and being approximately 3.046 acres. Location: West side of North White Chapel Boulevard approximately 240' south of Countryside Court. Current Zoning: "AG" Agricultural District. Requested Zoning: "S -P -1" Detailed Site Plan District with "0-1" Office District uses including a personal care facility for Alzheimer's patients. Owner and Applicant: Uncommon Care, Inc., dba Barton House. SPIN Neighborhood #11. PUBLIC HEARING. City of Southlake, Texas Regular City Council Meeting Agenda March 23, 1999 Page 3 B. Ordinance No. 480 -306, 2 Reading (ZA 99 -005), Rezoning on property legally described as Tract 1 A 1 situated in the Larkin H. Chivers Survey, Abstract No. 300, and being approximately 9.996 acres. Location: East side of North White Chapel Boulevard, approximately 370' south of East Dove Road. Current zoning is "AG" Agricultural District. Requested zoning is "RE" Residential Estate District. Applicant: Gene Campbell, Inc. Owners: Trigg and Traci Moore. SPIN Neighborhood #5. PUBLIC HEARING. C. Ordinance No. 480 -304, 2nd Reading (ZA 99 -002), Rezoning on property legally described as being Tract 1A2 situated in the Francis Throop Survey, Abstract No. 1511, and being approximately 1.97 acres. Location: Northwest corner of the intersection of Lonesome Dove Avenue and East Dove Road. Current Zoning: "0-1" Office District. Requested Zoning: "SF -30" Single Family Residential District. Owner and Applicant: V. Patrick Gray Custom Homes, Inc. SPIN Neighborhoods #3 and #5. PUBLIC HEARING. D. Ordinance No. 737, 2 Reading, Consent to transfer of control of cable television system and franchise from Marcus Cable to Paul G. Allen; and approving related agreements. PUBLIC HEARING. 8. Ordinances, first readings, and related items: A. Ordinance No. 480 -309, 1st 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: On the 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 set for April 6, 1999. B. 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 situated in the Richard Eads Survey, Abstract No. 481, and being approximately 11.8 City of Southlake, Texas Regular City Council Meeting Agenda March 23, 1999 Page 4 acres. Location: On the 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. C. Ordinance No. 739, 1 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 set for April 6, 1999. D. Ordinance No. 740, 1 Reading, Authorizing the issuance of "City of 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 set for April 6, 1999. 9. Resolutions: A. Resolution No. 99 -16, Reconsider Resolution No. 95 -24, repealing Resolution No. 97 -22, as it relates to limiting the number of zoning applications that may be scheduled on one agenda. 10. Other items for consideration: (no items this agenda) 11. Other items for discussion: A. Mid -Year Review 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, March 19, 1999 at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. City of Southlake, Texas Regular City Council Meeting Agenda March 23, 1999 Page 5 i t t iojeco S411/14411A °*;..S:\ S a ‘ A g 1 .7. ..z . * ;j andra L. LeG �`'• • CO City Secretary , / �� , ' 0 o�i rA-tttte�� °� ° ���� `a\ ` 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 481 -5581, extension 704, and reasonable accommodations will be made to assist you. City of Southlake, Texas Regular City Council Meeting Agenda March 23, 1999 Page 6 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 March 23, 1999 Page 7 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 \cc032399agn. doc