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2007-08-07 OFFICIAL RECORD CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: AUGUST 7, 2007 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris, Deputy Mayor Pro Tern Virginia M. Muzyka, and Councilmembers Laura K. Hill, Gregory Jones, Vernon Stansell 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, Community Relations Officer Pilar Schank, Office Assistant Elsie Rice, Manager of Information Services Gary Gregg, Information Systems Technician Sam Cobb, Director of Community Services Steve Polasek, Deputy Director of Community Services Chris Tribble, Deputy Director of Community Services - Library Kerry McGeath, Community Services Coordinator Crystal Shafer, Director of Economic Development Greg Last, Director of Finance Sharen Jackson, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Human Resources Kevin Hugman, Director of Planning and Development Services Ken Baker, Chief Planner Dennis Killough, Planner 11 Jenny Crosby, Plans Examiner Susi Hernandez, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Public Works Operations Manager Chuck Kendrick, Public Works Supervisor Kyle Flanagan, Street Maintenance Worker Zack Garrett, City Attorney Tim Sralla, City Secretary Lori Payne, and Deputy City Secretary Tara Brooks. WORK SESSION: Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss at 5:24 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month David Whitington gave the invocation. Mayor Wambsganss led the Pledge of Allegiance. Agenda Item No. 3. 12ACTion Award recognition. Director Hugman recognized the second and third quarter recipients of the 12ACTion Awards: Information Systems Technician Sam Cobb, Dispatch Supervisor Theresa Tryon, Community Services Coordinator Crystal Shafer, Firefighter/Paramedic Carrie Ferguson, Fire Driver/Engineer Marshall Urbanosky, Deputy Director of Community Services - Library Kerry McGeath, Public Works Supervisor Kyle Flanagan, Street Maintenance Worker Zack Garrett, Equipment Operator Steve Stokes, Water Utility Maintenance Worker Gary Aguirre, Water Utility Maintenance Worker David Louallen, Public Works Crew Leader Terry Holloway, Parks Maintenance Worker Terry Lee, Parks Maintenance Worker Richard Andrade, Parks Maintenance Worker Ruben Alvarado, Parks Maintenance Worker Johnny Lopez, Parks Maintenance Worker Marvin Athans, Plans Examiner Susi Hernandez, Information Systems Technician Pam Jordan, Office Assistant Elsie Rice, REGULAR CITY COUNCIL MEETING MINUTES, A UG UST 7, 2007 Page 1 of 16 Youth Services Librarian Jesse Ephraim, Building Inspector Mike White, Equipment Operator Ryan York, Code Enforcement Officers Renni Burt and Caroline Seay, Community Relations Officer Pilar Schank, Executive Secretary Kim Bush, Administrative Secretary Valerie Potter, Equipment Operator Mark Cisneros, Deputy City Secretary Tara Brooks, Public Safety Officer Corporal Randy Baker, Police Officer Ric Salas, and Field Service Officer Ronnie White. Agenda Item No. 4. Development regulations for Southlake's Southeast Quadrant - an area bounded by Continental Boulevard, Brumlow Avenue, State Highway 26, Kimball Avenue, State Highway 114, and F.M. 1709. Director Baker presented this item to Council and answered questions. Council discussed this item. Councilmembers Hill and Jones had to leave the meeting at 5:50 p.m. but returned later in the evening. Agenda Item No. 4. Discuss all items on tonight's meeting agenda. City Council reviewed the consent agenda items with city staff. Item 4H was removed from the consent agenda. Items 9A, 9B and 9E were added to the consent agenda. The work session ended at 6:40 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:40 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 the city attorney, Section 551.074, deliberation regarding personnel matters, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:40 p.m. Executive Session began at 7:07 p.m. and ended at 8:00 p.m. Councilmember Hill returned to the meeting during the Executive Session at 7:30 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 8:10 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. 3B 1. Introduction of new Assistant City Manager, Ben Thatcher. City Manager Yelverton introduced newly appointed Assistant City Manager, Ben Thatcher, to the Council and to the audience and described his future job duties and focus areas. Agenda Item No. 3C. Library Board Report. A written report was given to Council. Councilmember Jones returned to the meeting at 8:17 p.m. REGULAR CITY COUNCIL MEETING MINUTES, A UG UST 7, 2007 Page 2 of 16 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 the minutes from the July 17 2007, regular City Council meeting and from the July 12 2007, joint meeting with the City Council and the Planning and Zoning Commission. Council approved the July 17, 2007 minutes, as amended, with the noted clarifications on the motion for (ZA07-052), Southlake Regional Medical Center, and approved the July 12, 2007, minutes as presented. Agenda Item No. 4B. Resolution No. 07-044 Create a community task force Students and Parents Against Risks To Our Kids In Southlake (SPARKS) set forth the purpose membership terms of office voting duties and responsibilities of members adopt bylaws; and abolish the Joint Drug and Alcohol Awareness Committee 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, CREATING A COMMUNITY TASK FORCE, STUDENTS AND PARENTS AGAINST RISKS TO OUR KIDS IN SOUTHLAKE (S.P.A.R.K.S), SETTING FORTH THE PURPOSE, MEMBERSHIP, TERMS OF OFFICE, VOTING, DUTIES, AND RESPONSIBILITIES OF MEMBERS, ADOPTING BYLAWS; AND ABOLISHING THE JOINT DRUG AND ALCOHOL AWARENESS COMMITTEE. Agenda Item No. 4C. Resolution No. 07-045 Appoint members to community task force Students and Parents Against Risks to our Kids in Southlake (SPARKS). Council appointed Councilmember Hill as Chairperson but stated they would appoint the rest of the committee at a later date. 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, APPOINTING MEMBERS TO A COMMUNITY TASK FORCE, STUDENTS AND PARENTS AGAINST RISK TO OUR KIDS IN SOUTHLAKE (S.P.A.R.K.S.); AND PROVIDING AN EFFECTIVE DATE. Agenda Item No. 4D. Award bid and authorize a contract to Red Moon Inc for the purchase delivery, and installation of video cameras, video monitoring and archival system for the Southlake Town Square area in the amount of $292,265. Chief Goolsby presented this item to Council during the work session. Applicant William Young from Red Moon, Inc., answered Council's questions. Agenda Item No. 4E. Award bid to Dooley Tackaberry and Fire Supply for the purchase of equipment and supplies to outfit the aerial platform truck under construction in the amount of $133,287. No presentation was made on this item. Agenda Item No. 4F. Ordinance No. 910, 1St Reading Adopt an ordinance to dedicate drainage and utility easements on City-owned property at 307 Parkwood for the purpose of constructing public improvements. No presentation was made on this item. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 7, 2007 Page 3 of 16 Agenda Item No. 4G. Approve the Tarrant County Tax Collection Contract. No presentation was made on this item. Agenda Item No. 4H. ZA07-019, Preliminary Plat for Tealwood on propejjy being legally described as Tract 2F1, J. Gibson Survey, Abstract No. 591 and being located at 1589 East Continental Boulevard. Current Zoning: TZD Transitional Zoning District. SPIN Neighborhood #7. Item 4H was removed from the consent agenda and considered separately on the regular agenda. Agenda Item No. 41. Ordinance No. 480-LLL, 2nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF-2 Single Family Residential Zoning District. This item was tabled to the September 4, 2007, regular City Council meeting. Agenda Item No. 9A. Authorize the purchase of a Caterpiller 924G Loader from Holt Cat Equipment through the BuyBoard Cooperative Purchasing Program in the amount of $138,498. Director Price presented this item to Council during the work session. Agenda Item No. 9B. Authorize the purchase of a Truck-Mounted Sewer Jet-Cleaner from Rush Truck Centers and Harbin through Houston-Galveston Council of Governments in the amount of $129,309. Director Price presented this item to Council during the work session. Agenda Item No. 9E. Place a proposal to adopt a tax increase and hold a public hearing on the tax rate on the agenda of the September 4 and 18, 2007, regular City Council meetings. Director Jackson presented this item to Council during the work session. Motion was made to approve consent agenda items 4A to approve the July 17, 2007 minutes, as amended, with the noted clarifications on the motion for (ZA07-052), Southlake Regional Medical Center, and to approve the July 12, 2007, minutes as presented; 413; 4C to appoint Councilmember Laura K. Hill as Chairperson and to appoint the remainder of the committee at a later date; 41); 4E; 4F; 4G; 41 to table to the September 4, 2007, regular City Council meeting; 9A; 913; and 9E. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR AGENDA: Item 4H was removed from the consent agenda and considered separately on the regular agenda. Agenda Item No. 4H. ZA07-019, Preliminary Plat for Tealwood on property being legally described as Tract 2171, J. Gibson Survey, Abstract No. 591 and being located at 1589 East REGULAR CITY CO UNCIL MEETING MINUTES, A UG UST 7, 2007 Page 4 of 16 Continental Boulevard. Current Zoning: TZD Transitional Zoning District SPIN Neighborhood #7. Chief Planner Killough presented this item to Council. Motion was made to approve ZA07-019, Preliminary Plat for Tealwood as presented subject to Plat Review Summary No. 3, dated July 13, 2007, granting the requested variances. Motion: Terrell Second: Jones Ayes: Hill, Jones, Muzyka, Stansell, Terrell, Wambsganss Nays: Morris Approved: 6-1 Agenda Item No. 9C. Consider SP07-182 Variance to Sign Ordinance No 704-C for Cornerstone Plaza, located at 2707, 2717, and 2729 East Southlake Boulevard Planner Crosby presented this item to Council. Applicant Christine Sotello with Shafer Plaza 25 answered Council's questions. Motion was made to approve SP07-182, Variance to Sign Ordinance No. 704-C for Cornerstone Plaza, located at 2707, 2717, and 2729 East Southlake Boulevard noting the applicant has indicted the color of the metal roof will be a dark bronze; the lettering will be black and of the same font and size and made of cut, routed letters; the leasing sign for Shoe Pavilion will be taken down; requiring the separate leasing sign to come down the earlier of the two, December or upon completion of this proposed sign; stating that it is understood by the applicant that this approval is in lieu of the current signs that they have existing; and stating that Council is choosing the "Alternate" location. Motion: Terrell Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 5. Public Forum. No one spoke during public forum. Mayor Wambsganss announced items 6A and 6B would be discussed at the end of the meeting. Agenda Item No. 6C. Ordinance No. 480-386b, 2nd Reading (ZA07-054), Zoning Change and Revised Site Plan for Cristina's Fine Mexican Restaurant located at 2707 East Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council in conjunction with item 6D. Applicants Brian Yingling from Yingling Architects and Cristine Sotello from Shafer Plaza 25 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; LOT REGULAR CITY COUNCIL MEETING MINUTES, A UG UST 7, 2007 Page 5 of 16 1, BLOCK A, SHAFER PLAZA XXV ADDITION AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "C-3" GENERAL COMMERCIAL DISTRICT USES TO "S-P-2" GENERALIZED SITE PLAN DISTRICT WITH "C-3" GENERAL COMMERCIAL DISTRICT USES, 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. No one spoke during the public hearing. The Council discussed the requirement of a sidewalk connection from this shopping center to the western property line. Motion was made to approve Ordinance No. 480-386b, 2"a Reading (ZA07-054), Zoning Change and Revised Site Plan for Cristina's Fine Mexican Restaurant contingent upon the construction of a sidewalk that would run from the dead end of the existing sidewalk at the patio to the FM1709/Nolen Drive intersection; require that construction will be completed within 120 days of completion of the patio; subject to Revised Site Plan Review Summary No. 2, dated July 11, 2007, and subject to the requested variances. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6D. Consider SP07-231, Variance to Sign Ordinance No. 704-C for Cristina's Fine Mexican Restaurant located at 2707 East Southlake Boulevard, Suite 100. Chief Planner Killough presented this item to Council in conjunction with item 6C. Applicant Brain Yingling from Yingling Architects answered Council's questions. Motion was made to approve SP07-231, Variance to Sign Ordinance No. 704-C for Cristina's Fine Mexican Restaurant to grant the 30-inch letter on the letter "C" using Option #1 but eliminating the "fine Mexican Restaurant" lettering shown underneath Cristina's. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REG ULAR CITY CO UNCIL MEETING MINUTES, A UG UST 7, 2007 Page 6 of 16 Agenda Item No. 6E. Resolution No. 07-030 (ZA07-045) Specific Use Permit for a mass gathering event at Gateway Church located at 1085 South Kimball Avenue Current Zoning SP- 1 Detailed Site Plan District. SPIN Neighborhood #7. Chief Planner Killough presented this item. Applicant Ken Jackson, 5332 Windrup, Keller, Texas, answered Council's questions. 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, GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR THE GATEWAY CHURCH FALL FESTIVAL ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT DRAGON STADIUM, 1085 S. KIMBALL AVENUE, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 1, CARROLL I.S.D. NO. 6 ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 07-030, (ZA07-045), Specific Use Permit for a mass gathering event at Gateway Church as presented by staff and the applicant. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 6F. Ordinance No. 480-341a, 2"d Reading (ZA07-066) Zoning hange and Revised Site Plan for Commerce Business Park located at 540 Commerce Street. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council. Applicant James Miller, 2405 North Carroll Avenue, Southlake, Texas, 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 LOT 2R1, BLOCK C, COMMERCE BUSINESS PARK, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 3817, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 6.65 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT TO SPECIFICALLY ALLOW 9-1" LIGHT INDUSTRIAL DISTRICT USES PLUS A CONTRACTOR'S STORAGE YARD WITH OUTSIDE STORAGE TO "S-P-1" DETAILED SITE PLAN DISTRICT TO SPECIFICALLY ALLOW "I-1" LIGHT INDUSTRIAL DISTRICT USES PLUS A CONTRACTOR'S STORAGE YARD WITH OUTSIDE STORAGE AS REGULAR CITY COUNCIL MEETING MINUTES, A UG UST 7, 2007 Page 7 of 16 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. No one spoke during the public hearing. Councilmember Terrell stepped out of the room. Motion was made to approve Ordinance No. 480-341 a, 2°d Reading (ZA07-066), Zoning Change and Revised Site Plan for Commerce Business Park subject to City Council's approval on 1St reading and the requirements stated in that approval (specifically not granting the requested variance regarding sidewalks and requiring the sidewalks to be constructed as required by ordinance but not requiring the sidewalks to be built until instructed by the City based upon future development around this project which would provide a tie-in to the sidewalks); and subject to Site Plan Review Summary No. 3, dated June 29, 2007. Motion: Jones Second: Stansell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Wambsganss Nays: None Approved: 6-0 Mayor Wambsganss called for a break at 9:34 p.m. and reconvened the meeting at 9:52 p.m. Councilmember Terrell rejoined the meeting. Agenda Item No. 7A. Ordinance No. 480-222a, 1st Reading_(ZA05-112), Zoning Change Concept Plan for The Gateway Church - S.H. 114 Campus, being approximately 214 acres situated in the Richard Eads Survey, Abstract No. 481, being Tracts 1, IAl, IE, 2, 2A, 213, 2BIA, and 2C1, and in the Thomas Mahan Survey, Abstract No. 1049, being Tracts 2A, 213, 2131, 3 3A, 3C, 5, 5C, and 5D, and a portion of Tracts 1 and 1131. The property is located along the north side of the 1500 - 1800 blocks of State Highway 114, along the south side of the 1300 - 1800 blocks of East Highland Street and along the west side of the 600 - 900 blocks of North Kimball Avenue and is approximately 600 feet east of North Carroll Avenue. Current Zoning: NR-PUD Non-Residential Planned Unit Development District and AG Agricultural District. Requested Zoning: NR-PUD Non-Residential Planned Unit Development District. SPIN Neighborhood #6. Director Baker presented this item simultaneously with item 7B to Council. Applicants Tom Lane, Executive Senior Pastor at Gateway Church, Doug Slator, Executive REGULAR CITY COUNCIL MEETING MINUTES, A UG UST 7, 2007 Page 8 of 16 Director of Campus Development at Gateway Church, and Jim Maskey, landscape architect, made a presentation and discussed this request. Council discussed this request and asked questions of the applicant. Harry Ingalls with Carroll Independent School District addressed Council regarding the alignment of the road to their property line. Motion was made to approve Ordinance No. 480-222a, 1St Reading (ZA05-112), Zoning Change and Concept Plan for The Gateway Church - S. H. 114 Campus, subject to the applicant's agreement to bury utilities along S. H. 114 but understanding the applicant will need to receive approval from the utility companies; to delete the stub on Blessed Lane as described by Councilmember Terrell; to submit with the 2nd reading appropriate color renderings to comply with the technical plans showing the link to Kirkwood; to note that the landscaping plan is not being approved at this time but on future application; subject to the recommendations of the Planning and Zoning Commission on July 5, 2007; subject to Concept Plan Review Summary No. 5, dated August 1, 2007; to include a variation to the Master Thoroughfare Plan as described by Planning Director Baker as to Grace Lane; and to require materials to be of similar type and amount indicated on renderings but noting the materials are not being approved at this time but being assured materials will be similar to what is depicted in drawings tonight. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7B. Ordinance No. 480-528, 1" Reading_(ZA06-003), Zoning Change on property described as approximately 2.24 acres of land being _a portion of Tracts 2A, 2B 1 and 3A in the T. Mahan Survey, Abstract No. 1049 and being approximately 1200 feet west of North Kimball Avenue and approximately 600 feet south of East Highland Street. Current Zoning. NR- PUD Non-Residential Planned Unit Development District. Requested Zoning: AG Agricultural District. SPIN Neighborhood #6. Mayor Wambsganss introduced this item. Staff did not make an additional presentation. Motion was made to approve Ordinance No. 480-528, 1 st Reading (ZA06-003), Zoning Change on property described as approximately 2.24 acres of land being a portion of Tracts 2A, 2B 1 and 3A in the T. Mahan Survey, Abstract No. 1049. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss announced Council would now consider item 9D. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 7, 2007 Page 9 of 16 Agenda Item No. 9D. Consider SP07-232, Variance to Sign Ordinance No. 704-C for Petsmart, located at 200 Village Center Drive. Chief Planner Killough presented this item to Council. Applicant Brian Bush of Willow Creek Signs answered Council's questions. After discussion, the applicant asked to table this item to the next meeting. Motion was made to table SP07-232, Variance to Sign Ordinance No. 704-C for Petsmart, located at 200 Village Center Drive to the August 21, 2007, regular City Council meetings. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss called for a break at 11:41 p.m. and reconvened the meeting at 11:52 p.m. Mayor Wambsganss announced Council would now hear items 6A and 6B. Agenda Item No. 6A. Ordinance No. 480-521, 2nd Reading (ZA07-005), Zoning Change and Site Plan for Chapel Crossing Shopping Center, located at 245 West State Highway 114 and 200 Countryside Court. Current Zoning: AG Agricultural District and C-1 Neighborhood Commercial District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #11. Chief Planner Killough presented this item to Council in conjunction with item 6B. Applicant Brenda McDonald 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 LOT 1, BLOCK B, RAVENEAUX VILLAGE ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM"AG" AGRICULTURAL DISTRICT AND "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT, WITH LIMITED "C-3" GENERAL COMMERCIAL DISTRICT USES 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. REGULAR CITY COUNCIL MEETING MINUTES, A UG UST 7, 2007 Page 10 of 16 John Larson, 335 Ravenaux, Southlake, Texas, spoke in opposition of this request. Mayor Wambsganss closed the public hearing. Council discussed this request. Motion was made to approve Ordinance No. 480-521, 2nd Reading (ZA07-005), Zoning Change and Site Plan for Chapel Crossing Shopping Center, subject to Site Plan Review Summary No. 6, dated August 1, 2007, specifically granting the requested variances for driveway spacing and stacking; subject to the applicant's presentation and renderings shown this evening; subject to the recommendations of the Planning and Zoning Commission; noting applicant's agreement to limit the uses of cleaning, dying, pressing works, laundry, and washeterias, and everything in that category to the "C-2" regulations in size and restrictions as well as limiting dry goods, notion stores, and variety stores to "C-2" regulations in size and restrictions; regarding the knee walls, accepting the applicant's agreement to a minimum of 75% of the total glass store front including doors with the knee walls being a minimum of 24" in height and will be varied in masonry between stone and brick; applicant to provide language regarding the fire place as outlined in their July 31 letter and will include similar language to cover the waterfall feature on White Chapel Boulevard; staff will verify the plants on the landscaping plan and applicant has agreed to provide a full screen behind Building A with minimum 4-inch caliper (upon planting) live oaks in lieu of the crape myrtles currently shown on the landscape plan; accepting applicant's agreement to place all the utilities underground along S. H. 114 and White Chapel Boulevard; and to approve canopy trees on end caps as shown on renderings. Motion: Terrell Second: Morris Ayes: Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: Hill Approved: 6-1 Agenda Item No. 6B. Consider SP07-240, Variance to Sign Ordinance No. 704-C for Chapel Crossing Shopping Center, located at 245 West State Highway 114 and 200 Countryside Court. Chief Planner Killough presented this item to Council in conjunction with item 6A. Applicant Brenda McDonald answered Council's questions. Council discussed this request. Motion was made to approve SP07-240, Variance to Sign Ordinance No. 704-C for Chapel Crossing Shopping Center, granting requested variance on S.H. 114 sign; granting the request for the monument sign at the corner of S.H. 114 and White Chapel Boulevard; regarding the sign for the White Chapel Boulevard entrance, denying the variance request without prejudice and simply granting the sign according to city ordinance; approving all lettering to be the same color and font; and stating there will be no signs on the backs of the buildings. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REG ULAR CITY CO UNCIL MEETING MINUTES, A UG UST 7, 2007 Page 11 of 16 Executive Session. Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code Section 551.074, deliberation regarding personnel matters. City Council adjourned for Executive Session at 1:30 a.m. Executive Session began at 1:35 a.m. and ended at 2:10 a.m. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 2:10 a.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 8A. Resolution No. 07-031, Appoint members to the Building Board of Appeals. 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, APPOINTING MEMBERS TO THE BUILDING BOARD OF APPEALS; PROVIDING FOR THE TERMS; PROVIDING FOR QUALIFICATIONS OF MEMBERS IN ACCORDANCE WITH ORDINANCE NO. 622; AND PROVIDING AN EFFECTIVE DATE. Motion was made to reappoint Bob Lee and Ralph Williams, and to appoint Dorothy Wood to the Building Board of Appeals and to leave Place 7, Alternate 2, open. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 8B. Resolution No. 07-033, Appoint a City Council member to the Joint Utilization Committee. 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, APPOINTING MEMBERS TO THE JOINT UTILIZATION COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint Virginia M. Muzyka to the Joint Utilization Committee as the City Council appointment. Motion: Terrell Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 8C. Resolution No. 07-034, Appoint members to the Library Board. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REG ULAR CITY CO UNCIL MEETING MINUTES, A UG UST 7, 2007 Page 12 of 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR THE APPOINTMENT OF MEMBERS TO SERVE ON THE LIBRARY BOARD AND PROVIDING AN EFFECTIVE DATE: Motion was made to appoint Barbara Jeppe, June Koelker, C.D. Peebles, and Kimberly Roberts to the Library Board. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 8D. Resolution No. 07-035, Appoint members to the Metroport Teen Court Advisory Board. 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, APPOINTING MEMBERS TO THE METROPORT TEEN COURT ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint Teresa L. Campbell and Sandra Sobocinski as the City of Southlake representatives and Laura K. Hill as the City Council representative to the Metroport Teen Court Advisory Board. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 8E. Resolution No. 07-036, Appoint members to the Parks and Recreation Board. 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, APPOINTING MEMBERS TO THE PARKS AND RECREATION BOARD AND PROVIDING AN EFFECTIVE DATE. Motion was made to reappoint John Slocum, Emily Galpin, Elaine Cox, and Ken Goodman and to appoint Julie Landesberg to Place 3 and Purvi Parakh to Place 5. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 REGULAR CITY COUNCIL MEETING MINUTES, A UG UST 7, 2007 Page 13 of 16 Agenda Item No. 8F. Resolution No. 07-037, Appoint members to the Planning and Zoning Commission. 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, APPOINTING MEMBERS TO THE PLANNING AND ZONING COMMISSION, AND PROVIDING AN EFFECTIVE DATE. Motion was made to reappoint Michael Springer, Robert Hudson and Darrell Faglie to the Planning and Zoning Commission. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 8G. Resolution No. 07-038, Appoint members to the Senior Advisory Committee. 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, APPOINTING MEMBERS TO THE SENIOR ADVISORY COMMISSION AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint David Baltimore, Margie Kyle and Cleta Pierce to the Senior Advisory Committee. Motion: Muzyka Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 8H. Resolution No. 07-039, Appoint members to the Southlake Arts Council. 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, APPOINTING MEMBERS TO A SOUTHLAKE ARTS COUNCIL; AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint the following members to the Southlake Arts Council: Jeane Alexander, Peggy Firestone, Joe Henderson, Terri Messing, Jenny Tilbury, Jeffery Walter, Charlene Wiersum, and to appoint Karin Newell as an ex-officio member, and to leave the three alternate positions open. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss REGULAR CITY COUNCIL MEETING MINUTES, A UG UST 7, 2007 Page 14 of 16 Nays: None Approved: 7-0 Agenda Item No. 81. Resolution No. 07-040, Appoint members to the Southlake Parks Development Corporation. 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, APPOINTING MEMBERS TO THE SOUTHLAKE PARKS DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint Sherry Berman and Danny Mayer as the citizen representatives and Virginia M. Muzyka and Vernon Stansell as the City Council representatives to the Southlake Parks Development Corporation. Motion: Terrell Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 8J. Resolution No. 07-041, Appoint members to the Zoning Board of Adjustment. 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, APPOINTING MEMBERS TO THE ZONING BOARD OF ADJUSTMENT; NAMING A CHAIRMAN AND A VICE-CHAIRMAN; AND PROVIDING AN EFFECTIVE DATE. Motion was made to appoint Greg Standerfer as Chairman, Pamela Muller as Vice-Chairman, John Smart and Kristin H. Jain to the Zoning Board of Adjustment leave Place 8, Alternate 3, open. Motion: Terrell Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 10A. Potential Charter Amendments. City Manager Yelverton presented this item to Council during the work session. This item was a discussion item only and no action was taken. Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 2:15 a.m. REGULAR CITY COUNCIL MEETING MINUTES, A UG UST 7, 2007 Page 15 of 16 *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wam sganss a6eya<£4:gMayor t$ 9'rg, ATTEST: 0 cr u~ Lori Payne, TRM City Secretary REG ULAR CITY CO UNCIL MEETING MINUTES, A UG UST 7, 2007 Page 16 of 16