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1997-05-20 City of Southlake, Texas REGULAR CITY COUNCIL MEETING: MAY 20, 1997 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers at 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, 55.072, 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 discussed in executive session. 3. Approval of the Minutes of the Special City Council meeting held on May 1, 1997; the Special City Council meeting held on May 5, 1997; the Regular City Council meeting held on May 6, 1997 and the Special City Council meeting held on May 8, 1997. 4. Reports: A. Mayor's Report B. City Manager's Report. C. SPIN Report. D. Park 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. City of Southlake, Texas Regular City Council Meeting Agenda May 20, 1997 page 2 5. Consent: A. ZA 97 -50, Preliminary Plat for Rucker's Hacienda De Gusto, being legally described as approximately 52.09 acres situated in the Obediah W. Knight Survey, Abstract No. 899 and being Tracts 3 and 3E and being all of Common Green No. 36, Timarron Addition - Brenwyck, Phase 2. This plat proposed two (2) lots. Location: East of the Timarron Addition - Brenwyck, Phase 2 and at the east end of the Durham Court cul -de -sac. Current zoning is "AG" Agricultural District (Tract 3E and a portion of Tract 3) and "SF -30" Single Family Residential District (a portion of Tract 3 and all of Common Green No. 36, Timarron Addition, Brenwyck, Phase 2). Applicants: Mike and Carol Rucker. Owners: William and Zena Rucker. SPIN Neighborhood #9. B. Resolution No. 97 -39, adding a third Regular City Council meeting on the fourth Tuesday for the months of May through August 1997. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. 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. B. 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. C. Requested variance to Sign Ordinance 506 -B for TETCO Gas Station /Convenience Store, located on the northeast corner of the intersection of North Peytonville Avenue and West Southlake Boulevard. D. Authorize the Mayor to enter into a Commercial Developer Agreement with City of Southlake, Texas Regular City Council Meeting Agenda May 20, 1997 page 3 SouthRidge Center, L. P., for Lot 6, Block 6, SouthRidge Lakes, Phase C -1 Addition, located on the northeast corner of the intersection of North Peytonville Avenue and West Southlake Boulevard. E. Ordinance No. 480 -221, 2nd 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 114. Current zoning is "AG" Agricultural District, with a 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, "C- 3" 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 -20" Single Family District. Owner and Applicant: Timarron Land Corporation. SPIN Neighborhood #4. PUBLIC HEARING. F. Ordinance No. 480 -236, 2nd 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. PUBLIC HEARING. G. Ordinance No. 480 -237, 2nd 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. PUBLIC HEARING. City of Southlake, Texas Regular City Council Meeting Agenda May 20, 1997 page 4 H. Ordinance No. 480 -240, 2nd reading (ZA 97 -017), Rezoning of 1966 East Dove Road, being approximately 0.505 acres situated in the Francis 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. PUBLIC HEARING. I. ZA 97 -046, Site Plan for Texas Commerce Bank, being legally described as Lot 2, Block 2, Village Center, Phase II, and being approximately 2.158 acres situated in the Thomas Mahan Survey, Abstract No. 1049. Location: Northwest corner of the intersection of Village Center Drive and Southlake Boulevard (F.M. 1709). Current Zoning: "C -3" General Commercial District. Applicant: Corgan Associates, Inc. Owner: Texas Commerce Bank, N.A. SPIN Neighborhood #4. PUBLIC HEARING. J. Ordinance No. 480 -238, 2nd 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. PUBLIC HEARING. K. Ordinance No. 480 -239, 2nd 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. PUBLIC HEARING. 8. Ordinances, first reading, and related items: A. Ordinance No. 480 -244, 1st reading (ZA 97 -047), Rezoning and Concept Plan for Commerce Square, on property legally described as 7.22 acres situated in the Thomas Easter Survey, Abstract No. 474, Tract 3A. Location: South of Southlake City of Southlake, Texas Regular City Council Meeting Agenda May 20, 1997 page 5 Boulevard (F.M. 1709) and immediately east of Crooked Lane. Current Zoning: "S -P -2" Generalized Site Plan District with "0-1" Office District, "B -1" Business Service Park District, and limited "I -1" Light Industrial uses. Requested Zoning: "S -P -2" Generalized Site Plan District with "C -2" Local Retail Commercial District and limited "I -1" Light Industrial District uses. Applicant: Terry Wilkinson. Owner: Southlake Properties, Inc. SPIN Neighborhood #7. B. Resolution No. 97 -37 (ZA 97 -048), Specific Use Permit for outside storage of recreational vehicles on the property described as 4.57 acres situated in the Thomas Easter Survey, Abstract No. 474, being a portion of Tract 3A. Location: South of Southlake Boulevard (F.M. 1709) and immediately east of Crooked Lane. Current Zoning: "S -P -2" Generalized Site Plan District with "0-1" Office District, "B -1" Business Service Park District, and limited "I -1" Light Industrial uses. Requested Zoning: "S -P -2" Generalized Site Plan District with "C -2" Local Retail Commercial District with limited "I -1" Light Industrial District uses. Applicant: Terry Wilkinson. Owner: Southlake Properties, Inc. SPIN Neighborhood #7. PUBLIC HEARING. C. Resolution No. 97 -38 (ZA 97 -049), Specific Use Permit for a residential unit for a night watchman or caretaker, on the property described as 4.57 acres situated in the Thomas Easter Survey, Abstract No. 474, being a portion of Tract 3A. Location: South of Southlake Boulevard (F.M. 1709) and immediately east of Crooked Lane. Current Zoning: "S -P -2" Generalized Site Plan District with "O- 1" Office District, "B -1" Business Service Park District, and limited "I -1" Light Industrial uses. Requested Zoning: "S -P -2" Generalized Site Plan District with "C -2" Local Retail Commercial District and limited "I -1" Light Industrial District uses. Applicant: Terry Wilkinson. Owner: Southlake Properties, Inc. SPIN Neighborhood #7. PUBLIC HEARING. D. THIS ITEM LEFT INTENTIONALLY BLANK. E. Ordinance No. 480 -242, 1st reading (ZA 97 -044), Rezoning of approximately 4.00 acres situated in the Obediah W. Knight Survey, Abstract No. 899, being Tract 2C. Location: South side of Lilac Lane at the intersection of Pine Drive and Lilac Lane. Current zoning is "AG" Agricultural District. Requested zoning is "SF -1A" Single Family Residential District. Owners and Applicants: Jack and Barbara J. Rudduck. SPIN Neighborhood #10. City of Southlake, Texas Regular City Council Meeting Agenda May 20, 1997 page 6 F. ZA 97 -045, Plat Showing of Lots 5 and 6, O.W. Knight Survey, Abstract No. 899, Tract 2C out of the O.W. Knight Survey, Abstract No. 899. Location: South side of Lilac Lane at the intersection of Pine Drive and Lilac Lane. Current zoning is "AG" Agricultural District. Requested zoning is "SF -1A" Single Family Residential District. Owners and Applications: Jack and Barbara J. Rudduck. SPIN Neighborhood #10. G. Ordinance No. 483 -F, 1st reading, Amending Ordinance No. 483, The Subdivision Ordinance, revising the entirety of Article VII, Park and Recreation Dedication Requirements. H. Ordinance No. 676, 1st reading, An ordinance of the City of Southlake, Texas, annexing territory generally described as an area comprising approximately 480 acres abutting State Highway 114, known as "Solana," and an area comprising approximately 27 acres abutting that property to the City of Southlake, Texas and extending the boundary limits of said city so as to include said territory within said city limits and granting to all owners of property all of the rights and privileges of other citizens and binding said owners and other persons within the annexed area by all the acts, ordinances and regulations of said city; approving a service plan for such territory. 9. Other Resolutions (no items this agenda). 10. Other items for consideration: 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. Appointment of Councilmembers to serve on a Charter Review Committee. 11. Other items for discussion (no items this agenda). 12. Adjournment. City of Southlake, Texas 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 16, 1997 at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ���dF `S,OVTti i It ( Sandra L. LeGrand 1 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 481 -5581 extension 704, and reasonable accommodations will be made to assist you. City of Southlake, Texas 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. 3. Town of Westlake, Texas, et al vs. City of Southlake, Texas. 1997 4. City of Southlake vs. Kathy A. Brunson, William J. Justus, trustee, William James Elder and James M. Elder, Inc. Employees Profit Sharing Trust. 1997. 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. 5/13/97/sl d: \ wp-files \ cc \ 5 \ 20-97 \ wpd. \sl