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2008-02-19lug CITY OF S0UTHLA1<,_E TEXAS REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 19, 2008 LOCATION 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tem Carolyn Morris, Deputy Mayor Pro Tem Virginia M. Muzyka, and Councilmembers Laura K. Hill, Gregory Jones, Vernon Stansell (arrived at 7:29 p.m.) and John Terrell. CITY COUNCIL ABSENT None. STAFF PRESENT City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Information Systems Technician Sam Cobb, Director of Community Services Steve Polasek, Deputy Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Vehicle Fleet Coordinator Tim Slifka, Director of Human Resources Kevin Hugman, Human Resource Analyst Stacey Black, Chief of Fire Services Robert Finn, Fire Marshal David Barnes, Chief of Police Services Wade Goolsby, Director of Planning and Development Services Ken Baker, Deputy Director of Planning and Development Services Dennis Killough, Chief Building Official Paul Ward, Plans Examiner Skip Vandergrift, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, City Attorney E. Allen Taylor and City Secretary Lori Payne. WORK SESSION Agenda Item No. 1. Call to order The work session was called to order by Mayor Wambsganss at 5:10 p.m. Agenda Item No. 2. Invocation. Agenda Item No. 3. Pledge of Allegiance: Cub Scouts, Pack 928. Pack 928 led the pledge of allegiance. Agenda Item No. 4. Special Local Business Report — City of Southlake / Sabre Holdings partnership. Assistant to the City Manager Ortowski introduced this item. Deputy Mayor Pro Tem Muzyka, Councilmember Terrell, and Assistant City Manager Thatcher jointly presented this item. Mayor Wambsganss presented a proclamation to representatives UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2008 Page 1 of 13 from Sabre Holdings and thanked them for everything they have done for the City of Southlake. Agenda Item No. 5. Park dedication fee update. Director Polasek presented this item to Council. Agenda Item No. 6. Discuss all items on tonight's meeting agenda City Council reviewed the agenda items with city staff. Mayor Wambsganss closed the work session at 5:59 p.m. REGULAR SESSION Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:59 p.m. Agenda Item No. 2A. Executive Session Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.071, consultation with attorney and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:59 p.m. Executive Session began at 6:25 p.m. and ended at 7:20 p.m. Agenda Item No. 213. Reconvene Mayor Wambsganss reconvened the regular meeting at 7:27 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A. Mayor's Report. Mayor Wambsganss announced upcoming meetings and events. Agenda Item No. 313. City Manager's Report. There was no report given. Agenda Item No. 3C. Financial Report. A written report was given to Council. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 4A. Approve minutes from the February 5, 2008, regular City Council meeting. A presentation was not made on this item. Agenda Item No. 413. Approve a professional services agreement with Gorrondona and Associates in the amount of $64,750.00 for FM 1938 Phase II, subsurface utility engineering services. A presentation was not made on this item. Agenda Item No. 4C. Resolution No. 08 -011, Approve a revised municipal maintenance agreement with TxDOT. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2008 Page 2 of 13 A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF SOUTHLAKE FOR THE MAINTENANCE, CONTROL, SUPERVISION, AND REGULATION OF CERTAIN STATE HIGHWAYS AND /OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF SOUTHLAKE; AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. Agenda Item No. 4D. Approve an amendment to the Interlocal Agreement with North Central Texas Council of Governments (NCTCOG) for cooperative purchasing for on- line recruiting. A presentation was not made on this item. Agenda Item No. 4E. Authorize purchase of vehicles from Dallas Dodge through the Houston - Galveston Area Council of Governments in the amount of $268,586.00. A presentation was not made on this item. Agenda Item No. 4F. Authorize purchase of vehicles from Philpott Motors through the Houston - Galveston Area Council of Governments in the amount of $573,898.12. A presentation was not made on this item. Agenda Item No. 4G. Approve reallocation of SPDC CIP funds in the amount of $11,990 for the construction of an outdoor fireplace at the Bob Jones Nature Center. A presentation was not made on this item. Agenda Item No. 4H. Ordinance No. 930, 1 St Reading, Adopt the 2006 International Building Code. A presentation was not made on this item. Agenda Item No. 41. Ordinance No. 931, 1 St Reading, Adopt the 2006 International Fire Code. A presentation was not made on this item. Agenda Item No. 4J. Ordinance No. 932, 1 St Reading, Adopt the 2006 International Energy Conservation Code. A presentation was not made on this item. Agenda Item No. 4K. Ordinance No. 933, 1 St Reading, Adopt the 2006 ICC Electrical Code, Administrative Provisions. A presentation was not made on this item. Agenda Item No. 4L. Ordinance No. 934, 1 St Reading, Adopt the 2006 International Plumbing Code. A presentation was not made on this item. Agenda Item No. 4M. Ordinance No. 935, 1 St Reading, Adopt the 2006 International Fuel Gas Code. A presentation was not made on this item. Agenda Item No. 4N. Ordinance No. 936, 1 St Reading, Adopt the 2006 International Mechanical Code. A presentation was not made on this item. Agenda Item No. 40. Ordinance No. 937, 1 St Reading, Adopt the 2006 International Residential Code. A presentation was not made on this item. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2008 Page 3of13 Agenda Item No. 4P. Resolution No. 08 -010, Appoint a Parks and Recreation Board representative to the Southlake Parks Development Corporation to fill an unexpired term. A presentation was not made on this item. Council appointed John Slocum to fill an unexpired term ending in May 2008. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, TO APPOINT A PARKS AND RECREATION BOARD REPRESENTATIVE TO THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION AND TO PROVIDE AN EFFECTIVE DATE. Agenda Item No. 4Q. Resolution No. 08 -009, Call the May 10, 2008, General Election and the May 10, 2008 Special Election and authorize a joint election agreement with Tarrant County Elections Administration. A presentation was not made on this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 10, 2008; CALLING FOR A SPECIAL ELECTION TO BE HELD ON MAY 10 2008; AND ESTABLISHING PROCEDURES FOR THOSE ELECTIONS; AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4R. Ordinance No. 480 -544, 2 nd Reading (ZA07 -087) Zoning Change and Site Plan for Mendez Medical Offices on property legally described as Tract 3D3A, W.W. Hall Survey, Abstract No. 695 and located at 918 East Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #10. This item has been tabled to the March 4, 2008, City Council meeting. Agenda Item No. 4S. ZA07 -088, Preliminary Plat for Mendez L.T.D. on property legally described as Tract 3D3A, W.W. Hall Survey, Abstract No. 695 and located at 918 East Southlake Boulevard. Current Zoning: AG Agricultural District. Proposed Zoning: S -P -1 Detailed Site Plan District and AG Agricultural District. SPIN Neighborhood #10. This item has been tabled to the March 4, 2008, City Council meeting. Agenda Item No. 4T. Ordinance No. 480 -550, 2 nd Reading (ZA07 -133), Zoning Change and Development Plan for Lake Forest on property being legally described as Tract 5, R.D. Price Survey, Abstract No. 1207, located at 3185 Southlake Park Drive. Current Zoning: AG Agricultural District. Requested Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood #3. This item has been tabled at the applicant's request to the March 4, 2008, City Council meeting. Agenda Item No. 4U. ZA07 -134, Preliminary Plat for Lots 1 — 8, Block 1, Lake Forest Addition on property being legally described as Tract 5, R.D. Price Survey, Abstract No. 1207 and located at 3185 Southlake Park Drive. Current Zoning: AG Agricultural District. Proposed Zoning: R -PUD Residential Planned Unit Development District. SPIN UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2008 Page 4of13 Neighborhood #3. This item has been tabled at the applicant's request to the March 4, 2008, City Council meeting. Agenda Item No. 4V. Ordinance No. 480 -542, 1 St Reading (ZA07 -129), Zoning Change and Site Plan for Southlake Villa Offices on property legally described as Tract 3, W.W. Hall Survey, Abstract No. 687, located at 310 East Southlake Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #10. This item has been tabled to the March 4, 2008, City Council meeting. Motion was made to approve items 4A; 413; 4C; 4D; 4E; 4F; 4G; 4H; 41; 4J; 4K; 4L; 4M; 4N; 40; 4P to appoint John Slocum to the unexpired term ending in May 2008; 4Q; 4R to be tabled to the March 4, 2008 City Council meeting; 4S to be tabled to the March 4, 2008 City Council meeting; 4T to be tabled to the March 4, 2008 City Council meeting; 4U to be tabled to the March 4, 2008 City Council meeting; and 4V to be tabled to the March 4, 2008 City Council meeting. Motion: Muzyka Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7 -0 REGULAR AGENDA Agenda Item No. 5. Public Forum. No one spoke during public forum. Aaenda Item No. 6A. Ordinance No. 926. 2 nd Readina. Aaarove a settlement aareement between the Atmos cities steerina committee and Atmos Enerav Corporation, Mid -Tex Division. Director Jackson presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ( "CITY ") APPROVING A SETTLEMENT AGREEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE AND ATMOS ENERGY CORP., MID -TEX DIVISION ( "ATMOS MID -TEX" OR "THE COMPANY ") REGARDING THE COMPANY'S STATEMENT OF INTENT TO CHANGE GAS RATES IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE SETTLEMENT AGREEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; ADOPTING A SAVINGS CLAUSE; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND LEGAL COUNSEL. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2008 Page 5 of 13 No one spoke during the public hearing. Motion was made to approve Ordinance No. 926, 2 nd Reading, Approve a settlement agreement between the Atmos cities steering committee and Atmos Energy Corporation, Mid -Tex Division as presented. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 6B. Ordinance No. 938, Consider all matters incident and related to the issuance and sale of "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2008," including the adoption of an ordinance authorizing the issuance of such certificates of obligation Jim Sabonis with Fulbright & Jaworski presented this item and introduced Bob Dransfield. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF SOUTHLAKE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM (LIMITED PLEDGE) REVENUE CERTIFICATES OF OBLIGATION, SERIES 2008 "; SPECIFYING THE TERMS AND FEATURES OF SAID CERTIFICATES; PROVIDING FOR THE PAYMENT OF SAID CERTIFICATES OF OBLIGATION BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND A LIMITED PLEDGE OF THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS AND SEWER SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT /REGISTRAR AGREEMENT AND A PURCHASE AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 938, Consider all matters incident and related to the issuance and sale of "City of Southlake, Texas, Tax and Waterworks and Sewer System (Limited Pledge) Revenue Certificates of Obligation, Series 2008," including the adoption of an ordinance authorizing the issuance of such certificates of obligation. Motion: Muzyka Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7 -0 UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2008 Page 6 of 13 Agenda Item No. 6C. Ordinance No. 927, 2 nd Reading, Street name change for East Haven Addition, changing East Perry Circle and West Perry Circle to Haven Circle Deputy Director Killough presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE CHANGING THE NAME OF TWO STREETS LOCATED WITHIN THE CITY PRESENTLY KNOWN AS "EAST PERRY CIRCLE" AND "WEST PERRY CIRCLE," LOCATED ON THE SOUTH SIDE OF THE 900 BLOCK OF EAST CONTINENTAL BOULEVARD TO "HAVEN CIRCLE" FURTHER DESCRIBED IN EXHIBIT "A," PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES. No one spoke during the public hearing. Motion was made to approve Ordinance No. 927, 2 nd Reading, Street name change for East Haven Addition, changing East Perry Circle and West Perry Circle to Haven Circle. Motion: Morris Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7 -0 Aaenda Item No. 6D. Ordinance No. 480 -536. 2 nd Readina (ZA07 -139). Zonina Chanae and Site Plan for Lots 1 R1, 1 R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park Addition on property legally described as Lots 1 and 2R, Block 3, Cornerstone Business Park Addition and located at 500 Silicon Drive and 510 Silicon Drive. Current Zonina: 0-1 Office District. Reauested Zonina: S -P -1 Detailed Site Plan District. SPIN Neighborhood #7. Deputy Director Killough presented this item to Council simultaneously with Item 6E. Chris Bonilla with The Bonilla Group and applicant Mike Ferguson made a presentation and answered Council's questions. Council discussed this item. After discussion, Mr. Ferguson asked to table this item along with item 6E. Motion was made to table Ordinance No. 480 -536, 2 nd Reading (ZA07 -139), Zoning Change and Site Plan for Lots 1R1, 1R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park Addition to the March 4, 2008, City Council meeting. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7 -0 Aaenda Item No. 6E. ZA07 -111. Plat Revision for Lots 1R1. 1R2. 2R1. 2R2. and 2R3 Block 3, Cornerstone Business Park being a replat of property currently described as Lots 1 and 2R, Block 3, Cornerstone Business Park Addition and being located at 500 Silicon Drive and 510 Silicon Drive. Current Zoning: 0-1 Office District. Proposed Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #7. Deputy Director UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2008 Page 7 of 13 Killough presented this item to Council simultaneously with Item 6D. Chris Bonilla with The Bonilla Group and applicant Mike Ferguson made a presentation and answered Council's questions. After discussion, Mr. Ferguson asked to table this item along with item 6D. Motion was made to table ZA07 -111, Plat Revision for Lots 1 R1, 1 R2, 2R1, 2R2, and 2R3, Block 3, Cornerstone Business Park to the March 4, 2008, City Council meeting. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 6F. Ordinance No. 480 -549, 2 nd Reading (ZA07 -124), Zoning Change and Site Plan for Invitation Park on property being legally described as Tracts 3B and 3131, and a portion of Tract 3D1, O.W. Knight Survey, Abstract No. 899, located at 821 and 835 East Southlake Boulevard. Current Zoning: C -3 General Commercial District and AG Agricultural District. Requested Zoning: S -P -1 Detailed Site Plan District. SPIN Neighborhood #9e. Director Baker presented this item to Council simultaneously with item 6G. Applicant Dan Bryson, 806 Boston Drive, Southlake, Texas and Architect Stewart Hemple from Mayse and Associates made a presentation and answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS TRACTS 3B & 31301, AND A PORTION OF TRACT 3D01, O.W. KNIGHT SURVEY, ABSTRACT No. 899 AND BEING APPROXIMATELY 5.84 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -3" GENERAL COMMERCIAL DISTRICT AND "AG" AGRICULTURAL DISTRICT TO "S -P -1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2008 Page 8 of 13 Dale Clark, President of Warren Clark Development Company, addressed concerns regarding Rucker Road as well as other items. Zena Rucker was present but did not speak. Motion was made to approve Ordinance No. 480 -549, 2 nd Reading (ZA07 -124), Zoning Change and Site Plan for Invitation Park, subject to Council approval on first reading; subject to applicant's presentation tonight; subject to Site Plan Review Summary No. 4, dated February 13, 2008; and subject to the following comments from the city attorney: Approval of this S -P -1 zoning proposal is conditioned on and inclusive of the private development agreement entered into and between VSS and Zena Rucker relating to the location of Zena Rucker Road and the construction, financing and financing responsibilities of Zena Rucker Road as it lies contiguous with property owned or developed by VSS. The zoning is conditioned upon the implementation of that agreement and the terms of that agreement have dictated the location of the road right - of -way. Further noting that future phases of the VSS Invitation Project would be conditioned upon the implementation and compliance with this private development agreement between the two parties. This agreement should lock down the road location, the commitment to the location, and the financing that specifies who will be responsible for each element. We would ask that the private development agreement be included as an exhibit to the S -P -1 zoning ordinance so that it be a matter of public record reflecting the agreement of the parties and will serve as the performance measure for future phases of this project now pending before the Council. This should be included with the S -P -1 zoning approval and not the plat action because the plat area does not include all of the area subject to the agreement, but the zoning would control the VSS options for future phases. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 6G. ZA07 -125, Preliminary Plat for Invitation Park on property being legally described as Tracts 3B, 3131, and 3D1, O.W. Knight Survey, Abstract No. 899 and located at 821 East Southlake Boulevard and 835 East Southlake Boulevard. Current Zoning: C -3 General Commercial District and AG Agricultural District. SPIN Neighborhood #9e. Director Baker presented this item to Council simultaneously with item 6F. Applicant Dan Bryson, 806 Boston Drive, Southlake, Texas and Architect Stewart Hemple from Mayse and Associates made a presentation and answered Council's questions. Motion was made to approve ZA07 -125, Preliminary Plat for Invitation Park subject to Plat Review Summary No. 3, dated February 13, 2008, as presented. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2008 Page 9 of 13 Approved: 7 -0 Agenda Item No. 6H. Ordinance No. 480 -551, 2 nd Reading (ZA07 -170), Zoning Change and Concept Plan for Davis residence on property being legally described as Lot A, Block 1, Old Orchard Country Estates, located at 1900 Shady Oaks Dr. Current Zoning: SF -1A Single Family Residential District. Requested Zoning: SF -2 Single Family Residential District. SPIN Neighborhood #11. Director Baker presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT A, BLOCK 1, OLD ORCHARD COUNTRY ESTATES, BEING APPROXIMATELY 9.62 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "SF -2" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480 -551, 2 nd Reading (ZA07 -170), Zoning Change and Concept Plan for Davis residence as presented. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7 -0 Mayor Wambsganss called for a break at 8:48 p.m. and reconvened the meeting at 9:06 p.m. Agenda Item No. 61. Resolution No. 08 -006, Miscellaneous amendments to the City's Mobility and Master Thoroughfare Plan, an element of the Southlake 2025 Plan, the City's Comprehensive Master Plan. Director Baker presented this item to Council. In UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2008 Page 10 of 13 accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FOR AN AMENDMENT TO THE ADOPTED MOBILITY AND MASTER THOROUGHFARE PLAN, AN ELEMENT OF THE SOUTHLAKE 2025 PLAN, TO REMOVE THE TWO LANE UNDIVIDED COLLECTOR CONNECTING NORTH PEYTONVILLE AVENUE TO SHADY OAKS DRIVE SOUTH OF THE COVENTRY SUBDIVISION FROM THE MOBILITY AND MASTER THOROUGHFARE PLAN MAPS. No one spoke during the public hearing. Motion was made to approve Resolution No. 08 -006, Miscellaneous amendments to the City's Mobility and Master Thoroughfare Plan, an element of the Southlake 2025 Plan, the City's Comprehensive Master Plan as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7A. Ordinance No. 928, 1 St Reading, Adopt an ordinance to add Article VII "Curfew Hours for Minors" to Chapter 15, "Public Safety" of the Southlake Code of Ordinances. Chief Goolsby presented this item to Council and answered their questions. Council discussed this item. Mayor Wambsganss read through the comment cards of those who wished to record their support but did not wish to speak: Genny Hale, 1520 Main Street, Southlake, Texas; Mary Jane Julia, 1504 Main Street, Southlake, Texas; Deanna and Joe Kienast, 1518 Main Street, Southlake, Texas; Suzanne Maisto, 1909 Big Bend Cove, Southlake, Texas; Rita Mills, 1528 Main Street, Southlake, Texas; Leslye Road; 1606 Regal Oaks, Southlake, Texas; Anne Wise, 904 Brazos Drive, Southlake, Texas; and, Amy Zagar, 169 Summit Avenue, Southlake, Texas. Motion was made to approve Ordinance No. 928, 1 St Reading, Adopt an ordinance to add Article VII "Curfew Hours for Minors" to Chapter 15, "Public Safety" of the Southlake Code of Ordinances adding verbiage in the ordinance to follow the statement regarding the minor being accompanied by their parent or guardian to include: "or other adult having a lawful custody of such minor." Motion: Hill Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2008 Page 11 of 13 Nays: None Approved: 7 -0 Agenda Item No. 7B. Ordinance No. 929, 1 St Reading, Adopt an ordinance to amend Chapter 58, of the Southlake Code of Ordinances, making it unlawful for certain sex offenders to reside within 2,000 feet of premises where children gather Chief Goolsby presented this item to Council. City Attorney Taylor answered Council's questions. Motion was made to approve Ordinance No. 929, 1 St Reading, Adopt an ordinance to amend Chapter 58, of the Southlake Code of Ordinances, making it unlawful for certain sex offenders to reside within 2,000 feet of premises where children gather. Motion: Hill Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 9A. Consider SP06 -408A, Variance to Sign Ordinance No. 704 -C for Bethel Methodist Church located at 190 South White Chapel Boulevard Deputy Director Killough presented this item to Council. Motion was made to approve SP06 -408A, Variance to Sign Ordinance No. 704 -C for Bethel Methodist Church located at 190 South White Chapel Boulevard as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 7D. Consider SP08 -016, Variance to Sign Ordinance No. 704 -C for Tom Thumb located at 100 West Southlake Boulevard. Deputy Director Killough presented this item. Applicant Brad Pilkington, 8541 La Plaza Drive, White Settlement, Texas, answered Council's questions. Council discussed this request. Motion was made to approve SP08 -016, Variance to Sign Ordinance No. 704 -C for Tom Thumb located at 100 West Southlake Boulevard to approve the Tom Thumb sign itself, to approve the pharmacy sign without the pestle and mortar, and to remove the deli sign Motion: Terrell Second: Stansell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 11. Meeting adjourned. Mayor Wambsganss adjourned the meeting at 9:56 p.m. UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2008 Page 12 of 13 *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss Mayor ATTEST: Lori Payne City Secretary UNOFFICIAL REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 19, 2008 Page 13 of 13