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1997-08-05 City of Southlake, Texas REGULAR CITY COUNCIL MEETING: AUGUST 5, 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. 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 meetings held on July 15, 1997 and July 22, 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: City of Southlake, Texas Regular City Council Meeting Agenda August 5, 1997 page 2 A. Request to advertise for bids for the community stage at Bicentennial Park. B. Authorize the Mayor to enter into a Commercial Developer Agreement for Carroll I.S.D. No. 2, 7 -8 -9 grade secondary school located on the west side of North White Chapel Boulevard, approximately 200' north of the intersection of Chapel Downs and North White Chapel Boulevard. C. Authorize the Mayor to enter into a Commercial Developer Agreement for The Village at Timarron, Phase I, located on the south side of West Southlake Boulevard, at the southeast corner of West Southlake Boulevard and Byron Nelson Parkway. D. Authorization to advertise for bids for a 12 -inch water line along the proposed Kirkwood Boulevard from Dove Street to the existing Kirkwood Boulevard and enter into an agreement with MTP /IBM for the 12 -inch water line. E. Resolution No. 97 -57, Appointment of Barry Friedman as SPIN #13 Representative. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -247, 2nd 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 is "AG" Agricultural District, with a requested zoning of "NR -PUD" Non - Residential Planned Unit Development for a Mixed Use Business Complex, known as Solana, to include 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. Owners: International Business Machines Corporation ( "IBM "), Maguire /Thomas Partners - Westlake /Southlake Partnership, Maguire Partners - Westlake Partnership, City of Southlake, Texas Regular City Council Meeting Agenda August 5, 1997 page 3 and MTP -IBM Phases II & III Joint Venture. SPIN Neighborhood undetermined. PUBLIC HEARING. B. Ordinance No. 480 -241, 2nd 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. PUBLIC HEARING. C. 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 is "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. D. Ordinance No. 480 -248, 2nd reading, (ZA 97 -080), Rezoning of a portion of 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, 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. PUBLIC HEARING. E. 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. City of Southlake, Texas Regular City Council Meeting Agenda August 5, 1997 page 4 F. Ordinance No. 480 -249, 1st reading (ZA 97 -083), Rezoning and Concept Plan for T.W. King Water Storage Tank and Telecommunications Tower on property legally described as 4.5 acres situated in the R.D. Price Survey, Abstract No. 992D, Tract 21. Location: West side of T.W. King Road approximately 700' south of the intersection of West Bob Jones Road and T.W. King Road. Current zoning is "AG" Agricultural District, with a requested zoning of "CS" Community Service District. Owner and Applicant: City of Southlake. SPIN Neighborhood #1. G. Resolution No. 97 -55, (ZA 97 -084), Specific Use Permit for T.W. King Telecommunication Tower, on property legally described as 4.5 acres situated in the R.D. Price Survey, Abstract No. 992D, Tract 21. Location: West side of T.W. King Road approximately 700' south of the intersection of West Bob Jones Road and T.W. King Road. Current zoning is "AG" Agricultural District, with a requested zoning of "CS" Community Service District. Owner and Applicant: City of Southlake. SPIN Neighborhood #1. PUBLIC HEARING. H. ZA 97 -086, Revised Concept Plan for Southlake Woods and Stonebury, on property legally described as being approximately 73.9846 acres situated in the W.R. Eaves Survey, Abstract No. 500, being Tracts 2A4, 2A5, and a portion of 2A2 the T.J. Thompson Survey, Abstract No. 1502, being Tracts 1D, 2, 2A, 2A2, 2A3, and 2B; and being 23.1641 acres known as Stonebury, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2917, Plat Records, Tarrant County, Texas. Location: North of Continental Boulevard. west of Peytonville Avenue, east of Davis Boulevard, and south of Southlake Boulevard (F.M. 1709). Current zoning is "SF -20A" Single Family Residential District. Applicant: Dowdey, Anderson, and Associates, Inc. Owner: Toll Brothers, Inc. SPIN Neighborhood #14 and #15. PUBLIC HEARING. I. ZA 97 -087, Revised Preliminary Plat for Southlake Woods and Stonebury, being legally described as 113.04 acres being Tracts 2A4, 2A5, and 2A2, in the W.R. Eaves Survey, Abstract No. 500; Tracts 1D, 2, 2A, 2A2, 2A3, and 2B, T.J. Thompson Survey, Abstract No. 1502; a Plat Revision of Lots 3, 4, 5, 6, and 7 Airpark Estates, as recorded in Volume 388 -123, Page 99, P.R.T.C.T. and being 23.1641 acres known as Stonebury, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2917, Plat Records, Tarrant County, Texas. Location: North of Continental Boulevard. west of Peytonville Avenue, east of Davis Boulevard, and south of Southlake Boulevard (F.M. 1709). Current zoning is "SF -20A" Single Family Residential District. City of Southlake, Texas Regular City Council Meeting Agenda August 5, 1997 page 5 Applicant: Dowdey, Anderson, and Associates, Inc. Owner: Toll Brothers, Inc. SPIN Neighborhoods #14 and #15. J. ZA 97 -088, Plat Revision for the proposed Lots 8R, 8X (Common Area No. 2), 10R, 11R, 12R, and 13R, Block 2, and Lot 13R, Block 1, Stonebury, being a revision of Lots 8 through 13, Block 2, and Lot 13, Block 1, Stonebury, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2917, Plat Records, Tarrant County, Texas, and a portion of Tract 2A2 situated in the W.R. Eaves Survey, Abstract No. 500. Location: On Stonebury Drive approximately 700' west of the intersection of South Peytonville Avenue and Stonebury Drive. Current zoning is "SF -20A" Single Family Residential District. Applicant: Dowdey, Anderson, and Associates, Inc. Owner: Toll Brothers, Inc. SPIN Neighborhood #14. K. 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. CONTINUATION OF THE PUBLIC HEARING. 8. Ordinances, first readings, and related items: A. ZA 97 -066, Preliminary Plat for Timarron Addition - Wyndsor Creek, Phase II, on property legally described as being approximately 15.925 acres in the Obediah W. Knight Survey, Abstract No. 899, and being Tracts 6, 6B, 6B1, 6B2, 6B3, 6E, and 6F1. This plat proposed 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 Planned Unit Development District. Owner and Applicant: Westerra - Timarron, L. P. SPIN Neighborhood #9. B. Ordinance No. 480 -Z, establishing regulations for gasoline service stations (with or without convenience stores, car washes, and other related ancillary uses). C. Ordinance No. 480 -250, 1st reading (ZA 97 -090), Rezoning of approximately 3.32 acres situated in the Francis Throop Survey, Abstract No. 1511, and being Tract 4A. Location: 1496 East Dove Street approximately 120' west of the intersection of Lonesome Dove Avenue and East Dove Street. Current zoning is "AG" City of Southlake, Texas Regular City Council Meeting Agenda August 5, 1997 page 6 Agricultural District, with a requested zoning of "SF -1A" Single Family Residential District. Applicant: Area Surveying, Inc. Owner: Mrs. Elizabeth Higgins. SPIN Neighborhood #5. D. ZA 97 -091, Preliminary Plat for the proposed Lots 1 and 2, Block 1, Higgins Addition, being legally described as approximately 3.32 acres situated in the Francis Throop Survey, Abstract No. 1511, and being Tract 4A. Location: 1496 Dove Street approximately 120' west of the intersection of Lonesome Dove Avenue and East Dove Street. Current zoning is "AG" Agricultural District, with a proposed zoning of "SF -1A" Single Family Residential District. Applicant: Area Surveying, Inc. Owner: Mrs. Elizabeth Higgins. SPIN Neighborhood #5. E. Ordinance No. 681, 1st reading, street name change for a portion of Stonebury Drive from Lot 1 to Lot 8 and extending through Lot 9 of Block 2 in Stonebury Addition to Indian Paintbrush Way. F. Ordinance No. 682, 1st reading, designating a contiguous geographic area in Southlake as Reinvestment Zone Number One, City of Southlake, Texas. 9. Resolution (no items this agenda). 10. Other items for consideration: A. Award of bid for the slurry grouting of pipe bedding and repair of concrete street pavement in Timarron, Phase I. B. Requested variances to the Sign Ordinance No. 506 -B for Burger King located at 2025 West Southlake Boulevard in Southlake Market Place, Phase II. C. Requested variance to the Sign Ordinance No. 506 -B for Wendy's located at 2130 East Southlake Boulevard in Village Center, Phase I. D. To reject all bids for reconstruction improvements of Dove Street from the west city limits to Shady Oaks Drive and direct staff to advertise for bids for the revised West Dove Street reconstruction improvements from the west city limits to Shady Oaks Drive. 11. Other items for discussion: A. Charter Amendment Election. City of Southlake, Texas Regular City Council Meeting Agenda August 5, 1997 page 7 B. Pitched Roof Regulations C. Impervious Coverage 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, August 1, 1997 at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. OM%%g � Soveye4,,,�� Sandra L. LeGrand Cit 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, Texas. 1997. 3. City of Southlake vs. Kathy A. Brunson, William J. Justus, Trustee, William James Elder and James M. Elder, Inc., Employee Profit Sharing Trust. 1997. 4. Town of Westlake, Texas et al vs. City of Southlake, Texas. 1997. 5. Town of Westlake, Texas vs. City of Southlake, Carroll 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 • City of Southlake, Texas Regular City Council Meeting Agenda August 5, 1997 page 8 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 devices. After discussion of any or all, 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. 7/30/97 D: I WP- FILESIAGENDASI CC- 8 -5 -9. WPD