1997-07-15 City of Southlake, Texas
REGULAR CITY COUNCIL MEETING: JULY 15. 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 attached 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 July 1, 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.
5. Consent:
City of Southlake, Texas
Regular City Council Meeting Agenda
July 15, 1997
page 2
A. Authorize the Mayor to enter into an Amended Commercial Developer Agreement
with Southridge Center, L. P., for Lot 6, Block 6, Southridge Lakes, Phase C -1
Addition. Location: Northeast corner of the intersection of North Peytonville
Avenue and West Southlake Boulevard.
B. Award of bid for the slurry grouting of the pipe bedding and repair of concrete
street pavement in Timarron, Phase I.
C. Request to advertise for bids for an eight -foot self propelled asphalt paver.
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 678, 2nd reading, An ordinance of the City of Southlake, Texas,
annexing the hereinafter more particularly described 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; providing a
severability clause; and providing for an effective date.
PUBLIC HEARING
B. Ordinance 480 -247, 1st reading (ZA 97 -074), Rezoning on property described as
approximately 485 acres, known as Solana and situated in the U.P. Martin Survey,
Abstract No. 1015; T.W. Mann Survey, Abstract No. 1107; the J.B. Martin
Survey, Abstract No. 1134; the C.M. Throop Survey, Abstract No. 1510; the W.
Medlin Survey, Abstract No. 1958, Tarrant County, Texas; William Pea Survey,
Abstract No. 2025, Tarrant County, Texas, the same being Abstract No. 1045,
Denton County, Texas; and the J. Henry Survey, Abstract No. 724, Tarrant
County, Texas, the same being Abstract No. 528, Denton County, Texas.
Location: South and west of State Highway No. 114, east of Precinct Line Road,
and north of the Town of Westlake. Current Zoning: "AG" Agricultural District.
Requested Zoning: "NR -PUD" Non - Residential Planned Unit Development for a
Mixed Use Business Complex, known as Solana, to include the following uses:
City of Southlake, Texas
Regular City Council Meeting Agenda
July 15, 1997
page 3
"0-2" Office District, "C -3" General Commercial District, "B -1" Business Service
Park District, "CS" Community Service District and "HC" Hotel District.
Owners: International Business Machines Corporation ( "IBM "), Maguire /Thomas
Partners- Westlake /Southlake Partnership, Maguire Partners- Westlake Partnership,
and MTP -IBM Phases II & III Joint Venture. SPIN Neighborhood
undetermined.
C. Resolution No. 97 -46, (ZA 97 -075), Specific Use Permit for the sale of alcoholic
beverages for on- premise consumption at Solana Marriott Hotel, on the property
described as Lot 2R, Block 2, of a final plat of Lots 1R and 2R, Block 2,
Westlake /Southlake Park Addition No. 1, filed in Cabinet A, Slide 283, dated
November 16, 1989, in the Tarrant County Map and Plat Records, being
approximately 6.286 acres. Location: 5 Village Circle. Current Zoning: "AG"
Agricultural District. Requested Zoning: "NR -PUD" Non - residential Planned Unit
Development with "0-2" Office District, "C -3" General Commercial District, `B -1"
Business Service Park District, "CS" Community Service District and "HC" Hotel
District. Applicant: Hospitality International, Inc. Owner: Maguire /Thomas
Partners - Westlake /Southlake Partnership. SPIN Neighborhood undetermined.
PUBLIC HEARING.
D. Resolution No. 97 -47, (ZA 97 -076), Specific Use Permit for the sale of alcoholic
beverages for on- premise consumption at Chili's Restaurant at Solana, on the
property described as Lot 1R, Block 2, of a final plat of Lots 1R and 2R, Block 2,
Westlake /Southlake Park Addition No. 1, filed in Cabinet A, Slide 283, dated
November 16, 1989, in the Tarrant County Map and Plat Records. Location: 3
Village Circle, Suite 108. Current Zoning: "AG" Agricultural District. Requested
Zoning: "NR -PUD" Non - Residential Planned Unit Development with the following
uses: "0-2" Office District, "C -3" General Commercial District, "B -1" Business
Service Park District, "CS" Community Service District and "HC" Hotel District.
Applicant: Chili's Beverage Company. Owner: Maguire /Thomas Partners -
Westlake /Southlake Partnership. SPIN Neighborhood undetermined.
PUBLIC HEARING.
E. Resolution No. 97 -48, (ZA 97 -077), Specific Use Permit for the sale of alcoholic
beverages for on- premise consumption at RAKIP (Jim) Lusha, d /b /a, La Scala
Restaurant at Solana, on the property described as Lot 1R, Block 2, of a final plat
of Lots 1R and 2R, Block 2, Westlake /Southlake Park Addition No. 1, filed in
Cabinet A, Slide 283, dated November 16, 1989, in the Tarrant County Map and Plat
Records. Location: 3 Village Circle, Suite 115. Current Zoning: "AG" Agricultural
District. Requested Zoning: "NR -PUD" Non - Residential Planned Unit
City of Southlake, Texas
Regular City Council Meeting Agenda
July 15, 1997
page 4
Development with the following uses: "0-2" Office District, "C -3" General
Commercial District, `B -1" Business Service Park District, "CS" Community
Service District and "HC" Hotel District. Applicant: La Scala Ristorante Italiano,
Inc. Owner: Maguire / Thomas Partners- Westlake /Southlake Partnership. SPIN
Neighborhood undetermined.
PUBLIC HEARING.
F. Resolution No. 97 -51, Establishing an Economic Development Program with the
Partnership that owns Solana, and authorizing the City Manager to execute an
agreement for the City to participate with Solana in the program.
G. Ordinance No. 480 -246, 2nd reading (ZA 97 -055), Rezoning of approximately
5.63 acres situated in the Thomas Easter Survey, Abstract No. 474, being a portion
of Tract 5. Location: Approximately 200' east of the 3400 block of Crooked
Lane. Current zoning is "AG" Agricultural District, with a requested zoning of
"0-1" Office District. Owner /Applicant: Ken Smith. SPIN Neighborhood #7.
PUBLIC HEARING.
H. ZA 97 -058, Site Plan of Southlake Oaks, Phase II, being legally described as Lot
2, Block 1, 1709 Southlake Oaks Addition, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3231,
Plat Records, Tarrant County, Texas and being approximately 1.8685 acres
situated in the Littleberry G. Hall Survey, Abstract No. 686. Location: North side
of West Southlake Boulevard and approximately 410' east of the intersection of
Shady Oaks Drive and West Southlake Boulevard (F.M. 1709). Current zoning
is "C -2" Local Retail Commercial District. Owner /Applicant: 1709 Southlake
Oaks, Ltd. SPIN Neighborhood #13.
CONTINUATION OF THE PUBLIC HEARING.
ZA 97 -054, Site Plan for Georgetown Park, Phase II, being legally described as
Lot 1, Block 1, Georgetown Park, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Cabinet A, Slide 3434, Plat
Records, Tarrant County, Texas, and being approximately 3.058 acres situated in
the Thomas Easter Survey, Abstract No. 474. Location: South side of East
Southlake Boulevard (F.M. 1709), and approximately 700' east of the intersection
of South Kimball Avenue and East Southlake Boulevard. Current zoning is "C -2"
Local Retail Commercial District. Owner: Georgetown Monticello Partners, Ltd.
Applicant: Realty Capital Corporation. SPIN Neighborhood #7.
CONTINUATION OF THE PUBLIC HEARING.
City of Southlake, Texas
Regular City Council Meeting Agenda
July 15, 1997
page 5
J. ZA 97 -068, Site Plan for an emergency animal hospital, on the proposed Lot 2,
Block 1, Stonebridge Park, on property legally described as being approximately
0.65 acres situated in the Jesse G. Allen Survey, Abstract No. 18, and a portion of
Tract 2D. Location: North side of West Southlake Boulevard (F.M. 1709)
approximately 550' west of the intersection of West Southlake Boulevard (F.M.
1709) and Randol Mill Drive. Current Zoning: "S -P -2" Generalized Site Plan
District with "C -2" Local Retail Commercial District uses. Owner: N.T.V.M.G.
Applicant: William E. Hickey. SPIN Neighborhood #16.
PUBLIC HEARING.
K. ZA 97 -023, Site Plan of Chevron, Lot 1, Block 1, Village Center, being
approximately 0.934 acres situated in the Thomas Mahan Survey, Abstract No. 1049.
Location: Northeast corner of the intersection of Village Center Drive and Southlake
Boulevard (F.M. 1709). Current Zoning: "C -3" General Commercial District.
Owner: T & M Southlake Development. Applicant: Chevron Products Company.
SPIN Neighborhood #4.
PUBLIC HEARING.
L. Resolution No. 97 -049, (ZA 97 -024), Specific Use Permit for the sale of packaged
beer for off - premise consumption at Lot 1, Block 1, Village Center (Chevron),
being approximately 0.934 acres situated in the Thomas Mahan Survey, Abstract No.
1049. Location: Northeast corner of the intersection of Village Center Drive and
Southlake Boulevard (F.M. 1709). Current Zoning: "C -3" General Commercial
District. Owner: T & M Southlake Development. Applicant: Chevron Products
Company. SPIN Neighborhood #4.
PUBLIC HEARING.
M. ZA 97 -069, Site Plan for Retail Eyecare and Professional Offices for Dr. Wallace
Ryne, D.O., on the proposed Lots 12R1 and 12R2, Block 2, Diamond Circle
Estates, on property legally described as being Lot 12, Block 2, Diamond Circle
Estates, an addition to the City of Southlake, Tarrant County, Texas, according to
the plat recorded in Volume 388 -177, Page 7, Plat Records, Tarrant County,
Texas. Location: Northeast corner of the intersection of East Southlake Boulevard
(F.M. 1709) and Diamond Boulevard. Current zoning is "C -2" Local Retail
Commercial District. Applicant: FDB Architects. Owner: Diamond I Ltd. SPIN
Neighborhood #10.
PUBLIC HEARING.
N. ZA 97 -070, Plat Revision for the proposed Lots 12R1, and 12R2, Block 2,
Diamond Circle Estates, being a revision of Lot 12, Block 2, Diamond Circle
City of Southlake, Texas
Regular City Council Meeting Agenda
July 15, 1997
page 6
Estates, an addition to the City of Southlake, Tarrant County, Texas, according to
the plat recorded in Volume 388.177, Page 7, Plat Records, Tarrant County,
Texas, being approximately 0.919 acres situated in the W.W. Hall Survey,
Abstract No. 687. Location: Northeast corner of the intersection of East Southlake
Boulevard (F.M. 1709 and Diamond Boulevard. Current zoning is "C -2" Local
Retail Commercial District. Applicant: FDB Architects. Owner: Diamond I Ltd.
SPIN Neighborhood #10.
8. Ordinances, first readings, and related items:
A. 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.
B. ZA 97 -079, Preliminary Plat for Harrell Place, being legally described as
approximately 5.8438 acres situated in the J. G. Allen Survey, Abstract No. 18 and
being Tract 1C. This plat proposes six (6) residential lots. Location: Southwest
corner of the intersection of Johnson Road and Harrell Drive. Current Zoning: "SF-
1A" and "SF -30" Single Family Residential District. Owner and Applicant: DDFW
Properties. SPIN Neighborhood #16.
C. ZA 97 -065, Development Plan for Timarron Addition, Wyndsor Creek, Phase II,
on property legally described as being approximately 15.925 acres situated in the
Obediah W. Knight Survey, Abstract No. 899, and being Tracts 6, 6B, 6B1, 6B2,
6B3, 6E, and 6F1. Location: Northwest corner of the intersection of Old Carroll
Road and East Continental Boulevard. Current zoning is "R- P -U -D" Residential
Planned Unit Development District. Owner and Applicant: Westerra - Timarron,
L.P. SPIN Neighborhood #9.
D. ZA 97 -066, Preliminary Plat for Timarron Addition- Wyndsor Creek, Phase II, on
property legally described as being approximately 15.925 acres situated in the
Obediah W. Knight Survey, Abstract No. 899, and being Tracts 6, 6B, 6B1, 6B2,
6B3, 6E, and 6F1. This plat proposes twenty -six (26) residential lots and three
common greens. Location: Northwest corner of the intersection of Old Carroll
Road and East Continental Boulevard. Current zoning is "R- P -U -D" Residential
City of Southlake, Texas
Regular City Council Meeting Agenda
July 15, 1997
page 7
Planned Unit Development District. Owner and Applicant: Westerra - Timarron,
L.P. SPIN Neighborhood #9.
E. Ordinance No. 480 -248, 1st reading (ZA 97 -080) Rezoning of a portion of Lot 2,
Block 1, Baker Estates, as addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 1575, Plat Records,
Tarrant County, Texas, and being approximately 1.2983 acres. Location: West
side of South Peytonville Avenue at the intersection of Boardwalk Avenue and
South Peytonville Avenue. Current zoning is "SF -1A" Single Family Residential
District. Requested zoning is "RE" Residential Estate District. Owners and
Applicants: Brandon and Charlotte Baker. SPIN Neighborhood #14.
F. ZA 97 -071, Plat Revision for the proposed Lots 1R and 2R, Block 1, Baker
Estates, being a revision of Lot 1 and Lot 2, Block 1, Baker Estates, an addition
to the City of Southlake, Tarrant County, Texas, according to the plat recorded in
Cabinet A, Slide 1575, Plat Records, Tarrant County, Texas. Location: West side
of South Peytonville Avenue at the intersection of Boardwalk Avenue and South
Peytonville Avenue. Current zoning is "RE" Residential Estates District, and
"SF -1A" Single Family Residential District. Owners and Applicants: Brandon and
Charlotte Baker. SPIN Neighborhood #14.
9. Resolution:
A. Resolution No. 97 -50, Amending Fee Schedule for Park Land Dedication.
10. Other items for consideration:
A. Award of bid for earthwork for proposed park improvements for Bob Jones Park,
Phase I.
B. Settlement offer by the City of Southlake to resolve the current dispute with Town
of Westlake.
11. Other item for discussion:
A. City- initiated rezonings.
12. Adjournment.
City of Southlake, Texas
Regular City Council Meeting Agenda
July 15, 1997
page 8
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, July 11, 1997, ‘ x4)0IpI , pursuant to the Texas Government Code, Chapter
551. `�,��" gO U T!�
iii/A&A,A/ d 2
Sandra L. LeGrand
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.
EXECUTIVE SESSION
PENDING LITIGATION - SECTION 551.071
The City Council may consider and /or discuss the following pending and /or contemplated
litigation subjects:
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. Justus, Trustee, William James Elder
and James M. Elder, Inc., Employee Profit Sharing Trust. 1997.
5. Town of Westlake, Texas, vs. City of Southlake, Carol Huntress, et. al. 1997.
6. Legal action against Scott Bradley, Charla Bradshaw, Abe Bush, and Fred Held. 1997.
7. Marriam Baloch Claim. 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.
City of Southlake, Texas
Regular City Council Meeting Agenda
July 15, 1997
page 9
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 on specific occasions for implementation of security personnel or
devices.
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. 7/2/97
D: I WP -FILES 1 CC- 7 -15 -. WPD