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1997-06-03 City of Southlake, Texas REGULAR CITY COUNCIL MEETING: JUNE 3, 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. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code, Sections 551.071, 551.072, 551.074, 51.076. 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 Regular City Council meeting held on May 20, 1997; the Special City Council meetings held on May 26, 1997 and May 27, 1997 and the Regular City Council meeting held on May 27, 1997. 4. Reports: 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. Ordinance No. 677, 1st reading, An ordinance calling a Special Election for the ' City of Southlake, Texas Regular City Council Meeting Agenda June 3, 1997 page 2 purpose of amending the City Home Rule Charter, to be held on August 9, 1997. B. Resolution No. 97 -40, Setting the procedures for the Special Election to be held on August 9, 1997. C. Park Project and Community Matching Fund Request Policy. D. Award of bid for copiers for City offices. E. Authorize the City Manager to execute a contract with Trammel Crow Companies for paving repairs to Commerce Street. F. Home Depot request for variance to the bufferyard requirements along SH 114 due to the right -of -way acquisition by the Texas Department of Transportation. G. Authorize the City Manager to execute a contract for waterline improvements and the construction of a six -inch sanitary sewer line from 200 North Kimball Avenue to approximately 600 ft. west of Westwood Drive. H. ZA 97 -059, Plat Revision for Rucker's Hacienda de Gusto, for the proposed Lot 1, Block 1, Rucker's Hacienda de Gusto, being approximately 0.773 acres situated in the Obediah W. Knight Survey, Abstract No. 899, and being a portion of Tract 2 and all of Common Green No. 36 Timarron Addition of Brenwyck, Phase 2. Location: East of the Timarron Addition Brenwyck, Phase 2, and at the east end of Durham Court cul -de -sac. Current zoning is "AG" Agricultural District and "R- P -U -D" Residential Planned Unit Development. Owners: William and Zena Rucker. Applicants: Mike and Carol Rucker. SPIN Neighborhood #9. I. Resolution No. 97 -41, Second extension to the moratorium on Personal Care Facilities (assisted living facilities). REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings and related items: A. Ordinance No. 675, 2nd reading, An ordinance amending Ordinance No. 583 which grants a cable television franchise currently owned by Marcus Cable Associates, L.P.; granting consent to the assignment and transfer of a cable television system and franchise from Harron Cablevision of Texas, Inc., to Marcus City of Southlake, Texas Regular City Council Meeting Agenda June 3, 1997 page 3 Cable Associates, L.P.; repealing Ordinance No. 321 which granted a cable television franchise currently owned by Harron Cablevision of Texas, Inc. CONTINUATION OF THE PUBLIC HEARING. B. Ordinance No. 480 -244, 2nd 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 Boulevard (F.M. 1709) and immediately east of Crooked Lane. Current zoning is "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 is "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. C. Ordinance No. 480 -242, 2nd 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, with a requested zoning of "SF -1A" Single Family Residential District. Owners and Applicants: Jack and Barbara J. Rudduck. SPIN Neighborhood #10. PUBLIC HEARING. D. ZA 97 -052, Site Plan for Wendy's, being legally described as Lot 2, Block 1, Village Center, Phase I, and being approximately 0.8126 acres situated in the Thomas Mahan Survey, Abstract No. 1049. Location: North side of Southlake Boulevard (F.M. 1709) approximately 310' east of the intersection of Village Center Drive and Southlake Boulevard (F.M. 1709). Current zoning is "C -3" General Commercial District. Owner: T & M Southlake Development Company. Applicant: Wendy's International, Inc. SPIN Neighborhood #4. PUBLIC HEARING. E. ZA 96 -162, Concept Plan of Telesupport East Campus, being legally described as Lot 25R1, Block 1, Woodland Heights Addition, as recorded in Cabinet A, Slide 1681, P.R.T.C.T. and being approximately 2.070 acres. Location: 1901 East Southlake Boulevard and on the southeast corner of Westwood Drive and Southlake Boulevard (F.M. 1709). Current zoning is "C -1" Neighborhood Commercial District. Owner: Roy C. Lee. Applicant: G. Phillip Morley. SPIN Neighborhood #8. PUBLIC HEARING. City of Southlake, Texas Regular City Council Meeting Agenda June 3, 1997 page 4 8. Ordinances, first reading, and related items: A. Ordinance No. 480 -245, 1st reading (ZA 97 -035), Rezoning of a portion of Lot 2, Block 1, Miron Addition, according to the plat records in Cabinet A, Slide 1252, P.R.T.C.T. and being approximately 0.346 acres. Location: West side of Miron Drive being approximately 680' south of the intersection of East Southlake Boulevard and Miron Drive. Current zoning is "B -1" Business Service Park District. Requested zoning is "S -P -2" Generalized Site Plan District. Owner /Applicant: Martin W. Schelling, Trustee. SPIN Neighborhood #8. B. ZA 97 -036, Concept Plan for Lots 3R1 -3R6, Block 1, Miron Addition, being legally described as a portion of Lot 3, Block 1, Miron Addition, according to the plat recorded in Cabinet A, Slide 1252, P.R.T.C.T. and being approximately 4.758 acres. Location: East side of Miron Drive being approximately 440' south of the intersection of East Southlake Boulevard and Miron Drive. Current zoning is "B- 1" Business Service Park District. Owner /Applicant: Martin W. Schelling, Trustee. SPIN Neighborhood #8. C. ZA 97 -037, Plat Revision for the proposed Lots 3R1 -3R7 and Lot 4R, Block 1, Miron Addition, being a revision of Lot 3 and Lot 4, Block 1, Miron Addit ion, as recorded in Cabinet A, Slide 1252, P.R.T.C.T. and being approximately 11.081 acres. Location: East side of Miron Drive being approximately 440' south of the intersection of East Southlake Boulevard and Miron Drive. Current zoning is "B- 1" Business Service Park District and "S -P -2" Generalized Site Plan District. Owners: Martin W. Schelling, Trustee (Lots 3R1 -3R6 and Lot 4R, Block 1) and City of Southlake (Lot 3R7, Block 1). Applicant: Martin W. Schelling, Trustee. SPIN Neighborhood #8. D. Ordinance No. 480 -Y, 1st reading, Establishing regulations for personal care facilities. E. Ordinance No. 483 -G, 1st reading, Subdivision Ordinance (miscellaneous items). F. Ordinance No. 480 -222, 1st reading (ZA 96 -132), Rezoning and Concept Plan for Timarron Commercial, Tract III, being approximately 200.82 acres situated in the Richard Eads Survey, Abstract No. 481, being Tracts, 1, 1A1, 1E, 2, 2A, 2B, 2B1A and 2C1, and in the Thomas Mahan Survey, Abstract No. 1049, being Tracts 2A, 2B, 2B1, 3, 3A, 3C, 5, 5C, and 5D. Location: North of State Highway 114, east of North Carroll Avenue, south of East Highland Street, and west of North Kimball Avenue. Current zoning is "AG" Agricultural District and "C -2" Local Retail Commercial District. Requested zoning is "NR- P -U -D" Non- ! City of Southlake, Texas Regular City Council Meeting Agenda June 3, 1997 page 5 Residential Planned Unit Development for a Mixed Use Business Park to include the following uses: "CS" Community Service District, "0-1" Office District, "O- 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 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 Residential District. Owner and Applicant: Timarron Land Corporation. SPIN Neighborhood #4 and #6. 9. Resolution: A. Resolution No. 97 -42, Establishing an Economic Development Program with Solana. 10. Other item for consideration: A. Developer Agreement for Foxborough Addition, located on the north side of East Southlake Boulevard, approximately 1,140' west of the intersection of East Southlake Boulevard, and North Carroll Avenue; 63 residential lots. 11. Other items for discussion: A. Schedule of items to be covered during the June Retreat. B. Calendar for City Council consideration of the creation of a tax increment financing district. 12. Adjournment. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boar ds at City Hall, 667 North Carroll Avenue, and the Administrative Offices, 1725 East Southlake Boulevard, Southlake , Texas, on Friday, May 30, 1997 at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. 0 1 04 0 60 A Add44114t• /4 Sandra L. LeGrand City Secretary City of Southlake, Texas Regular City Council Meeting Agenda June 3, 1997 page 6 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. 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. Brown, William J. Justes, 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 ofnspecific occasions for implementation of security personnel or devic es. 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 Attorn ey as to the posted subject matter of this City Council meeting, the issues or matters will be discussed in executive session. 5/23/97. d: I wp- -files l cc -6 -3. twpd I sl