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1997-05-06 City of Southlake, Texas REGULAR CITY COUNCIL MEETING: MAY 6. 1997 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall WORK SESSION: 5:00 P.M. TO 6:00 P.M. 1. Discussion of all items on tonight's meeting agenda. REGULAR SESSION: 6:00 P.M. AGENDA 1. Call to order. Invocation. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, 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 discussion in executive session. 3. Approval of the Minutes of the April 15, 1997 City Council meeting. 4. Reports: Oath of Office for Mayor and Councilmember Place 2. 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. 5. Consent: A. Authorizing the Mayor to execute a contract for sale of 1.22 acres located in the T. Easter Survey, Abstract No. 474 (Lyford Tract). City of Southlake, Texas Regular City Council Meeting Agenda May 6, 1997 page 2 B. THIS ITEM LEFT INTENTIONALLY BLANK. C. Authorize the Mayor to execute a contract for sanitary sewer improvements in North Peytonville Avenue to construct a six -inch sanitary sewer line from east of Myers Meadow to approximately 300 feet to the east of Ten Bar Trail. D. Authorize the Mayor to execute a contract for water ground storage tank and Booster Pump Station No. 1 (W. Southlake Blvd. at Pearson Lane) to construct an intruder resistance fence. E. Authorize the City Manager to execute a lease agreement on the Dove Elevated Water Tower, 100 W. Dove St., with Southwestern Bell Wireless, Inc. F. Authorize the Mayor to execute a contract with HDR Engineering for professional services on F.M. 1709 Traffic Management Study. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -231, 2nd reading (ZA 97 -005), Rezoning and Site Plan for a Professional Office Building, being Tract 1A in the A.A. Freeman Survey, Abstract No. 522, and being approximately 1.344 acres. Location: 1302 West Southlake Boulevard and approximately 390' east of the intersection of SouthRidge Lakes Parkway and West Southlake Boulevard (F.M. 1709). Current zoning is "AG" Agricultural District. Requested zoning is "S -P -1" Detailed Site Plan District limited to "0-1" Office District uses. Applicant: Medical Air Services Association. Owner: Jerry Black. SPIN Neighborhood #13. PUBLIC HEARING. B. Ordinance No. 480 -234, 2nd reading (ZA 97 -025), Rezoning of approximately 0.773 acres situated in the Obediah W. Knight Survey, Abstract No. 899, and being a portion of Tract 3 and all of Common Green 36, Timarron Addition, Brenwyck, Phase 2. Location: East of Timarron Addition. Brenwyck. Phase 2. and at the east end of the Durham Court cul -de -sac. Current zoning is "AG" Agricultural District and "R- P -U -D" Residential Planned Unit Development. Requested zoning is "SF -30" Single Family Residential District. Applicants: Mike and Carol Rucker. Owners: Rucker Family Trust - William and Zena Rucker (Tract 3, Obediah W. Knight Survey, Abstract No. 899) and Westerra Timarron L.P. City of Southlake, Texas Regular City Council Meeting Agenda May 6, 1997 page 3 (Common Green 36, Timarron Addition, Brenwyck, Phase 2). SPIN Neighborhood #9. PUBLIC HEARING. C. Ordinance No. 480 -235, 2nd reading (ZA 97 -033), Rezoning and Concept Plan for Southlake Church of Christ, on property described as Lot 2, Brock Addition, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -44, Page 40, Plat Records, Tarrant County, Texas. Also part of this consideration is a Revised Concept Plan on property being described as Lot 3R, J.G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 2174, Plat Records, Tarrant County, Texas, and Lots 1 and 2, Brock Addition, an addition to the City of Southlake, Tarrant County, Texas, save and except the portion awarded to the State of Texas by Agreed Judgement entered in Cause No. 153- 127796 -90, a certified copy of which is recorded in Volume 11284, Page 1121, Deed Records, Tarrant County, Texas. Location: Southwest corner of the intersection of Brock Drive and West Southlake Boulevard (F.M. 1709). Current zoning is "SF -1A" Single Family Residential District (Lot 2, Brock Addition), and "CS" Community Service District (Lot 3R, J.G. Allen No. 18 Addition, and Lot 1, Brock Addition). Requested zoning is "CS" Community Service District for Lot 2, Brock Addition. Applicant: FDS International. Owners: Southlake Church of Christ (Lot 3R, J.G. Allen No. 18 Addition), Lot 1, Brock Addition, and Al Peters, Lot 2, Brock Addition. SPIN Neighborhood No. 15. PUBLIC HEARING. D. ZA 97 -032, Site Plan for Tetco Convenience Store, on property described as Lot 6, Block 6, SouthRidge Lakes, Phase C -1, and being approximately 0.918 acres situated in the A.A. Freeman Survey, Abstract No. 522. Location: Northeast corner of the intersection of North Peytonville Avenue and West Southlake Boulevard (F.M. 1709). Current zoning is "C -3" General Commercial District. Applicant: Tetco Stores, Inc. Owner: SouthRidge Center, L. P. SPIN Neighborhood #13. CONTINUATION OF THE PUBLIC HEARING. E. Ordinance No. 675, 2nd reading, granting consent to the assignment and transfer of cable television system and franchise from Harron Cablevision to Marcus Cable. PUBLIC HEARING. F. Ordinance No. 665 -A, 2nd reading, amending Ordinance No. 665, amending Fiscal Year 96 -97 Annual Budget. Mid Year Review. PUBLIC HEARING. City of Southlake, Texas Regular City Council Meeting Agenda May 6, 1997 page 4 G. Ordinance No. 480 -220, 2nd reading (ZA 96 -130), Rezoning and Concept Plan for Timarron Commercial, Tract 1, being approximately 58.202 acres situated in the James J. West Survey, Abstract No. 1620, Tract 1, as recorded in Volume 9827, Page 974, D.R.T.C.T. Location: Southeast corner of the intersection of Dove Road and State Highway 114. Current zoning is "AG" Agricultural District, with a requested zoning of "S -P -2" Generalized Site Plan District with Mixed Uses, to include the following uses: "CS" Community Service District, "0-1" Office District, "0-2" Office District, "C -1" Neighborhood Commercial District, "C -2" Local Retail Commercial District, "C -3" General Commercial District, "B -1" Business Service Park District, "B -2" Commercial Manufacturing District and "HC" Hotel District. Owner and Applicant: Timarron Land Corporation. SPIN Neighborhood #2. PUBLIC HEARING. 8. Ordinances, first reading, and related items: A. Ordinance No. 480 -221, 1st reading (ZA 96 -131), Rezoning and Concept Plan for Timarron Commercial, Tract II, being Tracts 3 and 4A1 in the Absalom H. Chivers Survey, Abstract No. 299, Tracts 1,2, and 3A1 in the Larkin H. Chivers Survey, Abstract No. 300, and being approximately 271.908 acres. Location: East of North White Chapel Boulevard, west of North Carroll Avenue, and north of State Highway No. 114. Current zoning is "AG" Agricultural District, with the requested zoning of "NR -PUD" Non - Residential Planned Unit Development District for a Mixed Use Business Park to include the following uses: "CS" Community Service District, "0-1" Office District, "0-2" Office District, "C -1" Neighborhood Commercial District, "C -2" Local Retail Commercial District, "General Commercial District, "B -1" Business Service Park District, "B -2" Commercial Manufacturing District, "HC" Hotel Residential Estate District and ancillary residential uses (not exceeding 20.08 acres) from the "RE" Residential Estate District, "SF -1A" Single Family District, "SF -30" Single Family District, and "SF -20A" Single Family District. Owner and Applicant: Timarron Land Corporation. SPIN Neighborhood #4. B. Ordinance No. 480 -236, 1st reading (ZA 97 -013), Rezoning and Site Plan for Antioch Church and Ministries, being approximately 2.9571 acres situated in the J. Childress Survey, Abstract No. 253, and being Tract 1E1 and 1E2A. Location: South side of Randol Mill Avenue at the intersection of Marantha Way and Randol Mill Avenue. Current zoning is "AG" Agricultural District (Tract 1E2A) and "S- P-1" Detailed Site Plan District (Tract 1E1), with a requested zoning of "S -P -1" Detailed Site Plan District (Tract 1E2A). Applicant: G. Phillip Morley. Owner: John Kelly. SPIN Neighborhood #12. City of Southlake, Texas Regular City Council Meeting Agenda May 6, 1997 page 5 C. Ordinance No. 480 -237, 1st reading (ZA 97 -019), Rezoning and Concept Plan for Harrell Place, being approximately 5.8438 acres situated in the J.G. Allen Survey, Abstract No. 18 and being Tract 1C. Location: South side of Johnson Road and on the southwest corner of the intersection of Johnson Road and Harrell Drive. Current zoning is "AG" Agricultural District, with a requested zoning of "SF -30" Single Family Residential District. Owner and Applicant: Wayne Lee. SPIN Neighborhood # 16. D. Ordinance No. 480 -238, 1st reading (ZA 96 -159), Rezoning of approximately 43.696 acres situated in the Thomas Easter Survey, Abstract No. 474, and being Tracts 5, 5A, 11A, and 11B. The applicant has reduced his original zoning request to 29.51 acres situated in the Thomas Easter Survey, Abstract No. 474, and being a portion of Tract 5, 11A and 11B and all of Tract 5A. Location: East side of Crooked Lane and approximately 560' south of the intersection of East Southlake Boulevard (F.M. 1709) and Crooked Lane. Current zoning is "AG" Agricultural District, with a requested zoning of "I - 1" Light Industrial District. Owner and Applicant: Ken Smith. SPIN Neighborhood #7. E. Ordinance No. 480 -239, 1st reading (ZA 97 -028), Rezoning of approximately 8.55 acres situated in the Thomas Easter Survey, Abstract No. 474, being a portion of Tracts 5, 11A and 11B. Location: East side of Crooked Lane and approximately 560' south of the intersection of East Southlake Boulevard (F.M. 1709) and Crooked Lane. Current zoning is "AG" Agricultural District with a requested zoning of "0-1" Office District. Owner and Applicant: Ken Smith. SPIN Neighborhood #7. F. Ordinance No. 480 -240 1st reading (ZA 97 -017), Rezoning of 1966 East Dove Road, being approximately 0.505 acres situated in the F. Throop Survey, Abstract No. 1511, and being Tract 1B3A. Location: Northeast corner of the intersection of East Dove Road and Royal Oaks Court. Current zoning is "CS" Community Service District, with a requested zoning of "SF -20B" Single Family Residential District. Owner and Applicant: Dennis E. McConn. SPIN Neighborhood #5. G. Ordinance No. 480 -241, 1st reading (ZA 97 -034), Rezoning of 320 West Highland, being approximately 6.311 acres situated in the Thomas M. Hood Survey, Abstract No. 706, and being Tract 8D. Location: 320 West Highland Street, being on the north side of West Highland Street approximately 800' west of the intersection of North White Chapel Boulevard and West Highland Street. Current zoning is "AG" Agricultural District, with a requested zoning of "SF -1B" Single Family Residential District. Owner and Applicant: Terry Robert Seaborn. SPIN Neighborhood #11. City of Southlake, Texas Regular City Council Meeting Agenda May 6, 1997 page 6 H. Consider action necessary pertaining to Ordinance No. 483 -F, 1st reading, amending the Subdivision Control Ordinance No. 483, to include Park Dedication and clean -up issues. 9. Resolutions: A. Resolution No. 97 -25, appointments to the Southlake Park Development Corporation (SPDC). B. Resolution No. 97 -26, appointments to the Planning and Zoning Commission. C. Resolution No. 97 -27, appointments to the Zoning Board of Adjustments. D. Resolution No. 97 -28, appointments to the Building Board of Appeals. E. Resolution No. 97 -29, appointments to the Parks and Recreation Board. F. Resolution No. 97 -30, appointments to the Senior Advisory Commission. G. Resolution No. 97 -31, appointment of a City Health Authority and City Health Officer. Oath of Office. H. Resolution No. 97 -34, appointment to Teen Court Advisory Board. I. Resolution No. 97 -35, appointment of DFW Airport Liaison. J. Resolution No. 97 -32, appointment of a Mayor Pro Tem and Deputy Mayor Pro Tem. Oath of Office. 10. Other items for consideration: A. Requested variances to the Sign Ordinance No. 506 -A, Section 16 (C), (Subsections 3, 4, and 7), and Sign Ordinance No. 506 -B, for Parkway Office, 190 W. Northwest Parkway. B. Requested variances to Sign Ordinance No. 506 -A, Section 16 -B (4) and 16 -C (2,3, and 4), for Village Center, Phases I and II and request to discussion regarding berm behind Kroger along S.H. 114. C. Commercial Developer Agreement for Christian Men's Network, located on the City of Southlake, Texas Regular City Council Meeting Agenda May 6, 1997 page 7 south side of Countryside Court, approximately 500' west of the intersection of Countryside Court and North White Chapel Boulevard. D. Any action necessary pertaining to overlapping City of Southlake extraterritorial jurisdiction with Town of Westlake, or any change of boundaries as appropriate. 11. Other items for discussion: A. Possible Special Election for August 9, 1997 for the purpose of amending the City Charter and establishing a Crime Control and Prevention District. B. The creation of Justice Precincts and Election Precincts for the purpose of calling a Local Option Election. 12. Adjournment. 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, May 2, 1997 at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ` OF , $ ` 0 ' u ' T iz ��. / .x 4 / 6 ,14/144& Sandra L. LeGrand SI City Secretary 6 0 �'numso# 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 May 6, 1997 page 8 EXECUTIVE SESSION PENDING LITIGATION - SECTION 551.071 Seek advice of attorney regarding public officials holding dual offices of emolument. The City Council may consider pending and contemplated litigation subjects. The following subjects may be discussed: 1. Vicci Winchester vs. Dan McKee Water Service Company, and the City of Southlake. 1995. 2. D /FW -White Chapel Ltd. vs. State of Texas and the City of Southlake. 1996. LAND ACQUISITION SECTION 551.072 The City Council may consider the purchase, exchange, lease or sale of real property. After discussion of land acquisition in executive session, any final action or vote taken will be in open session. PERSONNEL - SECTION 551.074 The City Council may consider the appointment, evaluation, reassignment, duties, discipline, or dismissal of public officers or employees, 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. DEPLOYMENT OF SECURITY PERSONNEL - SECTION 551.076 Regarding the deployment of specific occasions for implementation of security personnel or devises. After discussion of any or all of the above, in executive session, any final action or vote taken, will be in open session by the City Council. If personnel issues or litigation arise or a need to seek the advice from the City Attorney as to the posted subject matter of this City Council meeting, the issues or matters will be discussed in executive session. 5/6/97/sl d:\wp-files\cc\5\6\97.wpd\s1