1996-08-20 REGULAR CITY COUNCIL MEETING: AUGUST 20, 1996
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 meeting held on August 6, 1996.
4. Reports.
A. Mayor's Report.
B. City Manager's Report.
1. Update on SH 114.
2. Other issues.
C. SPIN #4 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.
Regular City Council Meeting Agenda
August 20, 1996
page 2
5. Consent items:
5 -A. Authorizing the Mayor to execute a contract with the North Central Texas
Council of Governments for a Solid Waste Grant.
5 -B. Commercial Developer Agreement for Rockenbaugh Elementary School
5 -C. Authorizing the Mayor to accept the Contract for Services and Fee Schedule
with Trinity River Authority (TRA) for Central Regional Wastewater System
for FY 1997.
5 -D. Community Development Block Grant (CDBG) / Final Quantity Determination
REGULAR AGENDA
6. Public Forum.
7. Ordinances, second readings, public hearings, and related items:
7 -A. Resolution No. 96 -51, (ZA 96 -71), Specific Use Permit for Outside Storage for
Great Outdoor Landscape, being legally described as Lot 3, Block A, Hart
Industrial Park, and being approximately 0.998 acres situated in the John N.
Gibson Survey, Abstract No. 591. Location: North side of Hart Court
approximately 225' east of the intersection of Brumlow Avenue and Hart Court.
Current Zoning: "I -1" Light Industrial District. Owner: Joseph Hart.
Applicant: Scott and Carol Malone. SPIN Neighborhood #7.
CONTINUATION OF THE PUBLIC HEARING.
7 -B. Ordinance No. 480 -201, 2nd reading (ZA 96 -65), Rezoning for Thomas Mahan
Survey, Abstract No. 2E1 and 2G, being approximately 2.819 acres situated in
the Thomas Mahan Survey, Abstract No. 1049, and being Tracts 2E1 and 2G,
as recorded in Volume 1917, Page 143 of the D.R.T.C.T. Location: South side
of East Highland Street approximately 220' west of North Kimball Avenue.
Current Zoning: "AG" Agricultural; Requested Zoning: "SF -1A" Single
Family Residential District. Owners /Applicants: Eric and Mary Huning. SPIN
Neighborhood #5.
PUBLIC HEARING.
•
Regular City Council Meeting Agenda
August 20, 1996
page 3
7 -C. Ordinance No. 480 -202, 2nd reading, (ZA 96 -66), Rezoning for W.H. Martin
Survey, Tracts 4, 4A, and C. Dart Survey, Abstract No. 2A8, being
approximately 2.875 acres in the William H. Martin Survey, Abstract No.
1068, Tracts 4 and 4A, and in the C. Dart Survey, Abstract No. 2003, Tract
2A8, as recorded in Volume 3256, Page 95, of the D.R.T.C.T. Location: East
side of Randol Mill Avenue approximately 105' south of west Dove Road.
Current Zoning: "AG" Agricultural District; Requested Zoning: "SF -1A"
Single Family Residential District. Owners /Applicants: Theodore V. Dias and
Glen S. Barnett. SPIN Neighborhood #12
PUBLIC HEARING.
7 -D. Ordinance No. 480 -203, 2nd reading, (ZA 96 -69), Rezoning for J.J. Freshour
Survey, Tracts 9A1A and 9A2, being approximately 2.18 acres situated in the
J.J. Freshour Survey, Abstract No. 521, being Tracts 9A1A and 9A2 filed of
record in Volume 11787, Page 1367, D.R.T.C.T. Location: 650 Randol Mill
Avenue on the southwest corner of Florence Road and Randol Mill Avenue.
Current Zoning: "AG" Agricultural District; Requested Zoning: "SF -30" Single
Family Residential District. Owner /Applicants: Brian J. and Monica Boutte.
SPIN Neighborhood #16.
PUBLIC HEARING.
7 -E. ZA 96 -86, Site Plan for Rockenbaugh Elementary School, being approximately
15.357 acres situated in the O.W. Knight Survey, Abstract No. 899, being
portions of Tracts 2, 2A3, and 2B. Location: South of E. Southlake Blvd. (F.M.
1709) on the proposed Byron Nelson Parkway, approximately 1075' south of the
intersection of E. Southlake Blvd. and Diamond Blvd. Current Zoning: "PUD"
Planned Unit Development District. Owner: Carroll ISD. Applicant: Cheatham &
Associates. SPIN Neighborhood #9.
PUBLIC HEARING.
7 -F. ZA 96 -99, Concept Plan for Georgetown Park (formerly Southlake Boulevard
Plaza), being approximately 5.435 acres situated in the Thomas Easter Survey,
Abstract No. 474, Tract 2A3. Location: South side of E. Southlake Blvd. (FM
1709), approximately 700' east of the intersection of South Kimball Avenue and
East Southlake Blvd. Current Zoning: "C -2" Local Retail Commercial District.
Applicant: Richard Myers, Realty Capital Corp. Owner: R.G. Lyford. SPIN
Neighborhood #7.
PUBLIC HEARING
Regular City Council Meeting Agenda
August 20, 1996
page 4
7 -G. ZA 96 -79, Site Plan for Georgetown Park (formerly Southlake Boulevard
Plaza), being approximately 5.435 acres situated in the Thomas Easter Survey,
Abstract No. 474, Tract 2A3. Location: South side of E. Southlake Blvd. (FM
1709), and being approximately 700' east of the intersection of South Kimball
Avenue and East Southlake Blvd. Current Zoning: "C -2" Local Retail
Commercial District. Applicant: Richard Myers, Realty Capital Corp. Owner:
R.G. Lyford. SPIN Neighborhood #7.
PUBLIC HEARING
7 -H. ZA 96 -78, Preliminary Plat for Georgetown Park (formerly Southlake
Boulevard Plaza), being approximately 5.435 acres situated in the Thomas
Easter Survey, Abstract No. 474, Tract 2A3. Location: South side of E.
Southlake Blvd. (FM 1709). and being approximately 700' east of the
intersection of South Kimball Avenue and East Southlake Blvd. Current
Zoning: "C -2" Local Retail Commercial District. Applicant: Richard Myers,
Realty Capital Corp. Owner: R.G. Lyford. SPIN Neighborhood #7.
7 -I. ZA 96 -94, Site Plan for Holt Dental Care, being legally described as Lot 1A,
Block 3, Diamond Circle Estates, as recorded in Volume 388 -177 Page -7 of the
P.R.T.C.T. and being approximately 1.003 acres situated in the W. W. Hall
Survey, Abstract No. 687. Location: 600 E. Southlake Blvd.. approximately 325'
west of the intersection of E. Southlake Blvd. (F.M. 1709) and Diamond Blvd.
Current Zoning: "C -2" Local Retail Commercial District. Owner /Applicant:
James H. Holt, D.D.S. SPIN Neighborhood #10.
PUBLIC HEARING.
7 -J. Ordinance No. 480 -210, 1st reading, (ZA 96 -91), Rezoning and Concept Plan for
a Retail Center being approximately 1.822 acres situated in the Jesse G. Allen
Survey, Abstract No. 18, being Lot 5R4 of Parker's Corner Addition, Tract 2A4 of
the Jesse G. Allen Survey, Abstract No. 18, and approximately 27,892 square feet
of the abandoned F.M. 1938 (Davis Blvd.) right -of -way. Location: Southwest
corner of F.M. 1709 (West Southlake Blvd.) and F.M. 1938 (Davis Blvd.).
Current Zoning: "C -2" Local Retail Commercial District (Lot 5R4), "C -3"
General Commercial District (Tract 2A4), and abandoned Right -Of -Way (F.M.
1938). Requested Zoning: "C -2" Local Retail Commercial District. Owners:
DKV Partners I and Southlake Joint Venture. Applicant: John R. Drews. SPIN
Neighborhood #15.
Regular City Council Meeting Agenda
August 20, 1996
page 5
7 -K. ZA 96 -88, Site Plan for Wendy's, being approximately 0.7232 acres situated in
the Jesse G. Allen Survey, Abstract No. 18, and being Lot 5R4 of Parker's Corner
Addition, a portion of Tract 2A4 of the J.G. Allen Survey, Abstract No. 18, and a
portion of the abandoned F.M. No. 1938 (Davis Blvd.) right -of -way. Location:
South side of F.M. 1709 (West Southlake Blvd.). approximately 375' west of the
intersection of F.M. 1709 and F.M. 1938 (Davis Blvd.). Current Zoning: "C -2"
Local Retail Commercial District. Owner: Southlake Joint Venture. Applicant:
Wendy's International, Inc. SPIN Neighborhood #15.
PUBLIC HEARING.
7 -L. ZA 96 -92, Plat Revision of Lots 5R4 -R1 and 5R4 -R2, Parker's Corner Addition,
being approximately 1.822 acres situated in the Jesse G. Allen Survey, Abstract
No. 18, and being a revision of Lot 5R4 of Parker's Corner Addition, Tract 2A4 of
the J.G. Allen Survey, Abstract No. 18, and approximately 27,892 square feet of
the abandoned F.M. Highway No. 1938 (Davis Blvd.) right -of -way. Location:
Southwest corner of F.M. 1709 (West Southlake Blvd.) and F.M. 1938 (Davis
Blvd.). Current Zoning: "C -2" Local Retail Commercial District (Lot 5R4), "C-
3" General Commercial District (Tract 2A4), and abandoned F.M.1938 right -of-
way. Owners: DKV Partners I and Southlake Joint Venture. Applicant: John R.
Drews. SPIN Neighborhood #15.
7 -M. Ordinance No. 598 -A, 2nd reading, amending Ordinance No. 598, the
Southlake Program for the Involvement of Neighborhoods (SPIN).
PUBLIC HEARING.
7 -N. PUBLIC HEARING to consider a proposal to increase taxes.
7 -0. Ordinance No. 665, 1st reading, Fiscal Year 1996 -97 Operating Budget.
FIRST PUBLIC HEARING.
8. Ordinances, first reading and related items:
8 -A. Ordinance No. 664, 1st reading, Tax Levy Ordinance.
8 -B. THIS ITEM LEFT INTENTIONALLY BLANK
8 -C. THIS ITEM LEFT INTENTIONALLY BLANK
Regular City Council Meeting Agenda
August 20, 1996
page 6
8 -D. Ordinance No. 480 -209, 1st reading, (ZA 96 -87), Rezoning for approximately
1.51 acres situated in the A.A. Freeman Survey, Abstract No. 522, Tract 2A1 and
being the proposed Lot 2, A. A. Freeman No. 522 Addition. Location: 585 North
Peytonville Ave., on the south side of the intersection of Ten Bar Trail and North
Peytonville Ave. Current Zoning: "AG" Agricultural District. Requested Zoning:
"SF -1A" Single Family Residential District. Owners: Mark and Karen Goodwin.
Applicant: Mark Goodwin. SPIN Neighborhood #13.
8 -E. ZA 96 -83, Plat Showing of Lots 2 and 3, A.A. Freeman No. 522 Addition,
(submitted as Lots 1 and 2), being approximately 2.39 acres situated in the A.A.
Freeman Survey, Abstract No. 522, Tracts 2A1 and 2A1B. Location: North
Peytonville Ave. and south of the intersection of Ten Bar Trail and North
Peytonville Ave. Current Zoning: "AG" Agricultural District for Tract 2A1 and
"SF -30" Single Family Residential District for Tract 2A1B. Applicant: Mark
Goodwin. Owners: Mark Goodwin and Jode R. Wilson. SPIN Neighborhood
#13.
8 -F. Ordinance No. 480 -204, 1st reading (ZA 96 -44), Rezoning and Site Plan for
Racetrac Petroleum, being legally described as approximately 2.704 acres
situated in the Thomas Easter Survey, Abstract No. 458, a portion of Tract 2 in
Thomas Easter Survey, Abstract No. 474, Tract 8B. Location: North side of
East Southlake Blvd.. (F.M. 1709) being approximately 500' west of the
intersection of Northwest Parkway East (S.H. 114) and East Southlake Blvd.
(F.M. 1709). Current Zoning: "AG" Agricultural District; Requested Zoning:
"C -2" Local Retail Commercial District. Owner /Applicant: Southern
Cornerstone, Inc. SPIN Neighborhood #7.
8 -G. Ordinance No. 480 -199, 1st reading (ZA 96 -53), Rezoning and Concept Plan
for Cotton Patch Cafe, being approximately 1.10 acres, situated in the John A.
Freeman Survey, Abstract No. 529, being a portion of Tract 2. Location:
South side of E. Southlake Blvd. (FM 1709), being approximately 450' east of
the intersection of Westwood Drive and E. Southlake Blvd. (FM 1709).
Current Zoning: "AG" Agricultural District. Requested Zoning: "C -2" Local
Retail Commercial District. Owner: Mary Frances Vandergriff. Applicant: M
& P Investments. SPIN Neighborhood #8.
Regular City Council Meeting Agenda
August 20, 1996
page 7
8 -H. Ordinance No. 480 -208, 1st reading, (ZA 96 -85), Rezoning and Concept Plan
for Stone Bridge Park, being approximately 13.583 acres situated in the J. G.
Allen Survey, Abstract No. 18, Tract 2D as recorded on Page 1330 of Volume
9427 in the D.R.T.C.T. Location: North side of West Southlake Boulevard
(F.M. 1709) and approximately 600' northwest of the intersection of Randol
Mill Ave. and West Southlake Boulevard (F.M. 1709). Current Zoning: "AG"
Agricultural District. Requested Zoning: "C -3" General Commercial District.
Owners: H.C. and Maxine Forester. Applicant: Realty Capital Corporation.
SPIN Neighborhood #16.
9. Resolutions:
9 -A. Resolution No. 96 -55, Approving an interlocal agreement for participation with
Fort Worth in household hazardous waste collection, and guaranteeing a sinking
fund will be created in the event any liability arises from this contract.
10. Other items for consideration:
10 -A. Authorizing the Mayor to accept the amendment to the agreement with Sprint
Spectrum L.P. for the Bicentennial Ground Tower Lease.
11. Other items for discussion:
12. Meeting Adjourned.
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 Blvd.,
Southlake, on Friday, August 9, 1996 a 'ursuant to the Texas Government Code,
Chapter 551. 0
A ting City Secretary
If you plan to attend this public meeting and hay. .c.1•* ' • . t requires special needs, please advise the City
Secretary 48 hours in advance at 481 -5581 extension 0 and reasonable accommodations will be made to assist
you.
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EXECUTIVE SESSION
PENDING LITIGATION - SECTION 551.071
The City Council may consider pending and contemplated litigation subjects. The following
subjects may be discussed:
1. Legend Custom Homes. 1993
2. Walters Claim. 1995
3. Vicci Winchester vs. Dan McKee Water Service Company, and City of Southlake.
1995
4. D /FW -White Chapel, Ltd. Vs. State of Texas and the City of Southlake, Texas. 1996
5. Shawn Kees Vs. City of Southlake.
Litigation is, by nature, an on -going process, and questions may arise as to trial tactics which
need to be explained to the City Council. Upon occasions, the City Council may need
information from the City Attorney as to the status of the pending or contemplated litigation
subjects set out above. After discussion of the pending and contemplated litigation subjects in
executive session, any final action, or vote taken, will be in open session.
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, employment, evaluation, reassignment,
duties, discipline, or dismissal of public officers or employees, including the City Manager,
City Secretary, City Attorney, and City Board 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 or 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 issues arise, or a need to seek 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.
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