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1997-09-02 City of Southlake, Texas REGULAR CITY COUNCIL MEETING: SEPTEMBER 2, 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 discussed in executive session. 3. Approval of the Minutes of the Regular City Council meetings held on August 19, 1997 and August 26, 1997. 4. Reports: A. Mayor's Report. B. City Manger'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. Commercial Developer Agreement for Miron Addition located 2,600 feet west of the intersection of E. Southlake Blvd. (F.M. 1709) and Kimball Ave., on the south City of Southlake, Texas Regular City Council Meeting Agenda September 2, 1997 page 2 side of E. Southlake Blvd. (F.M. 1709) and Kimball Avenue, on the south side of Southlake Boulevard (F.M. 1709). 5. B. Authorize the Mayor to execute a concurrence contract for sanitary sewer improvements on a sewer line extension from the S -2 sewer trunk line to serve Sutton Place, CDBG Project No. B96- UC -48- 0001- 60 -15. C. Authorization to advertise for bids for intersection improvements at State Highway 26 and South Kimball Avenue. 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, and MTP -IBM Phases II & III Joint Venture. SPIN Neighborhood undetermined. CONTINUATION OF THE PUBLIC HEARING. B. Ordinance No. 686, 2nd reading, Annual Budget for Fiscal Year 1997 -98 SECOND PUBLIC HEARING. C. PUBLIC HEARING ON TAX RATE. City of Southlake, Texas Regular City Council Meeting Agenda September 2, 1997 page 3 7. D. Ordinance No. 685, 2nd reading, Tax Levy Ordinance. PUBLIC HEARING. E. 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 is "C -3" General Commercial District. Owner: T & M Southlake Development. Applicant: Chevron Products Company. SPIN Neighborhood #4. CONTINUATION OF THE PUBLIC HEARING. F. Resolution No. 97 -049, (ZA 97 -024), Specific Use Permit for the sale of packaged beer for off - premise consumption for 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 is "C -3" General Commercial District. Owner: T & M Southlake Development. Applicant: Chevron Products Company. SPIN Neighborhood #4. CONTINUATION OF THE PUBLIC HEARING. G. Ordinance No. 480 -251, 2nd reading (ZA 97 -095), Rezoning on property legally described as approximately 0.93 acres situated in the Thomas Easter Survey, Abstract No. 474, being a portion of Tract 5. Location: Approximately 300' east of the 2400 block of Crooked Lane. Current zoning is "I -1" Light Industrial District with a requested zoning of "0-1" Office District. Owner and Applicant: Ken Smith. SPIN Neighborhood #7. PUBLIC HEARING. H. Ordinance No. 480 -252, 2nd reading (ZA 97 -097), Rezoning and Concept Plan for Wilmington Court, on property legally described as approximately 11.383 acres situated in the Hiram Granberry Survey, Abstract No. 581, and being Tracts 1A, 1B, and 1C. Location: Northwest corner of the intersection of South White Chapel Boulevard and West Continental Boulevard. Current zoning is "AG" Agricultural District, with a requested zoning of "SF -20A" Single Family Residential District. Applicant: Four Peaks Development, Inc. Owners: Alvin R. Jackson (Tract 1A), Lannie Joe Roach (Tract 1B), and Trustees, E- Systems, Inc., Pool Tract (Tract 1C). SPIN Neighborhood #14. PUBLIC HEARING. ZA 97 -089, Site Plan for Oakmont Plaza, on property legally described as being Lot 3, Block 3, Diamond Circle Estates, an addition to the City of Southlake, • City of Southlake, Texas Regular City Council Meeting Agenda September 2, 1997 page 4 Tarrant County, Texas, according to the plat recorded in Volume 388 -177, Page 7, Plat Records, Tarrant County, Texas. Location: 316 East Southlake Boulevard (F.M. 1709). on the northwest corner of the intersection of Diamond Boulevard and East Southlake Boulevard (F.M. 1709). Current zoning is "0-1" Office District. Owner and Applicant: 2 Diamond Ltd. SPIN Neighborhood #10. PUBLIC HEARING. 7. J. Ordinance No. 682, 2nd reading, An ordinance designating a contiguous geographic area in Southlake as Reinvestment Zone Number One, City of Southlake, Texas; creating a board of directors for such zone; making certain findings and determinations in relation to such reinvestment zone and resolving other matters incident and related thereto. PUBLIC HEARING. 8. Ordinances, first reading, and related items: A. Ordinance No. 480 -253, 1st reading (ZA 97 -093), Rezoning of Brock Addition, on property legally described as the south 20' of 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. Location: On Brock Drive. approximately 520' south of West Southlake Boulevard (F.M. 1709). Current zoning is "CS" Community Service District, with a requested zoning of "SF -1A" Single Family Residential District. Owner and Applicant: E.I. Wiesman. SPIN Neighborhood #15. B. ZA 97 -094, Plat Revision for the proposed Lots 1R and 3R, Brock Addition, being approximately 10.147 acres, and being a revision of 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 1,2, and 3, of the 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, and a 0.015 acre tract of land out of the J.G. Allen Survey, Abstract No. 18, in the City of Southlake, Tarrant County, Texas. Location: Southwest corner of the intersection of Brock Drive and West Southlake Boulevard (F.M. 1709). Current zoning is "CS" Community Service District and "SF -1A" Single Family Residential District. Applicant: Southlake Church of Christ. Owners: Southlake Church of Christ (Lot 1R, Brock Addition) and E.I. Wiesman (Lot 3R, Brock Addition). SPIN Neighborhood #15. C. Ordinance No. 480 -254, 1st reading (ZA 97 -103), Rezoning, being legally described as approximately 3.99 acres situated in the O.W. Knight Survey, City of Southlake, Texas Regular City Council Meeting Agenda September 2, 1997 page 5 Abstract No. 899, and being Tract 2B1. Location: Northeast corner of the intersection of Lilac Lane and Pine Drive. Current zoning is "AG" Agricultural District, with a requested zoning of "SF -1A" Single Family Residential District. Applicant: Brad Barrington. Owner: Sandra Kay Talley. SPIN Neighborhood #10. 8. D. ZA 97 -104, Plat Showing of Lots 7 and 8, O.W. Knight No. 899 Addition, being approximately 3.99 acres situated in the O.W. Knight Survey, Abstract No. 899, and being Tract 2B1. Location: Northeast corner of the intersection of Lilac Lane and Pine Drive. Current zoning is "AG" Agricultural District. Applicant: Brad Barrington. Owner: Sandra Kay Talley. SPIN Neighborhood #10. E. ZA 97 -105, Revised Preliminary Plat for Timarron Addition, Wyndsor Grove, Phase II, legally described as being approximately 27.206 acres situated in the O.W. Knight Survey, Abstract No. 899, and being a portion of Tracts 8F1, 8H, and 8H1. This plat proposes sixty -one (61) residential lots and two (2) common greens. Location: Northwest corner of the intersection of Byron Nelson Parkway 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 1/9. F. Ordinance No. 480 -255, 1st reading (ZA 97 -107), Rezoning on property legally described as approximately 1.1719 acres situated in the John A. Freeman Survey, Abstract No. 529, and being Tracts 4A1 and 4A4. Location: 710 South Kimball Avenue approximately 430' north of the intersection of South Kimball Avenue and Crooked Lane. Current zoning is "AG" Agricultural District with a requested zoning of "0-1" Office District. Applicant: Secure Source, Inc. Owner: JAMB Enterprises. SPIN Neighborhood #7. G. Ordinance No. 480 -256, 1st reading (ZA 97 -109), Rezoning and Revised Concept Plan for Saint Laurence Episcopal Church, being a rezoning of property legally described as being approximately 2.813 acres situated in the Samuel Freeman Survey, Abstract No. 525, and being Tract 5B5, and a revised concept plan on property described as being 5.704 acres and being Lot 1, Block A, Saint Laurence Episcopal Church Addition an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -213, Page 36, Plat Records, Tarrant County, Texas and Tract 5B5 in the Samuel Freeman Survey, Abstract No. 525. Location: 529 North Kimball Avenue approximately 1,230' north of the intersection of State Highway 114 and North Kimball Avenue. Current zoning is "AG" Agricultural District, with a requested zoning of "CS" Community Service District. Owner and Applicant: Saint Laurence Episcopal Church. SPIN City of Southlake, Texas Regular City Council Meeting Agenda September 2, 1997 page 6 Neighborhood #6. 8. H. ZA 97 -110, Plat Revision for the proposed Lot 1R, Block A, Saint Laurence Episcopal Church Addition, being a revision of Lot 1, Block A, Saint Laurence Episcopal Church Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -213, Page 36, Plat Records, Tarrant County, Texas and Tract 5B5 situated in the Samuel Freeman Survey, Abstract No. 525, being a total of 5.704 acres. Location: 519 North Kimball Avenue approximately 1,230' north of the intersection of State Highway 114 and North Kimball Avenue. Current zoning is "AG" Agricultural District (Tract 5B5, Samuel Freeman Survey, Abstract No. 525) and "CS" Community Service District (Lot 1, Block A, Saint Laurence Episcopal Church Addition). Owner and Applicant: Saint Laurence Episcopal Church. SPIN Neighborhood #6. I. Ordinance No. 677, 1st reading, Calling a Special Election to be held on November 4, 1997, for the purpose of amending the City Charter; providing ballot propositions; providing that this ordinance shall be cumulative of all ordinances; providing a severability clause; and providing an effective date. 9. Resolutions: A. Resolution No. 97 -40, Establishing the procedures for a Special Election called by the City Council for November 4, 1997. 10. Other items for consideration: A. Request for variance to the Sign Ordinance No. 506 -B, for Southlake Town Center Development. 11. Other items for discussion: A. Impervious Coverage. B. Neighborhood Sewer Program. C. Court of Record. Ordinance setting terms and qualifications for municipal court judge. 12. Adjournment. • City of Southlake, Texas Regular City Council Meeting Agenda September 2, 1997 page 7 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 29, 1997 at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. mum/ °OU TH � q '�'''% / O � �. r . Sandra L. LeGrand , 7 City Secretary c ° ` � If you plan to attend this public meeting and have a t a t tty 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 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 September 2, 1997 page 8 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 Attorney 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: \ WP-FILES \ AGENDAS \CC- 9 -2 -9. WPD