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2007-04-17CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: APRIL 17, 2007 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 John Terrell, and Councilmembers Laura K. Hill, Gregory Jones (arrived at 6:12 p.m), Virginia M. Muzyka, and Vernon Stansell. CITY COUNCIL ABSENT None. STAFF PRESENT City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Community Relations Officer Pilar Schank, Office Assistant for the City Manager's Office Elsie Rice, Manager of Information Services Gary Gregg, Information Systems Technician Pam Jordan, Library Administrator Kerry McGeath, Administrative Secretary for the Library Nancy Roper, Director of Community Services Steve Polasek, Senior Activity Center Coordinator Amanda Troum, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Jackson, Assistant Finance Director Sean Leonard, Human Resources Analyst Stacey Black, Administrative Assistant for Human Resources Valerie Snyder, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Planning and Development Services Ken Baker, Chief Building Official Paul Ward, Chief Planner Jay Narayana, Administrative Secretary for Planning and Development Services Lorrie Fletcher, Office Assistant for Building Inspections Dianna Brawner, Director of Public Works Robert H. Price, Office Assistant for Public Works Stephanie Breitbarth, 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 5:11 p.m. Agenda Item No. 2. Invocation. Eric Hulet from Grace Community Church gave the invocation. Mayor Wambsganss led the Pledge of Allegiance. Agenda Item No. 3A2. Proclamation for Administrative Professionals Day Mayor Wambsganss presented the proclamation to several representatives of the administrative professional group at the City of Southlake: Office Assistant Brawner, Office Assistant Breitbarth, Administrative Secretary Fletcher, Office Assistant Rice, Administrative Secretary Roper and Administrative Secretary Snyder. Agenda Item No. 3. Overview of Tarrant County Programs and Partnerships. Mayor Wambsganss introduced Precinct 3 County Commissioner Gary Fickes who gave an update of Tarrant County activities and programs. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007 Page I of 11 Agenda Item No. 4. Update on new Department of Public Safety Central Facility Assistant City Manager Blagg presented this item to Council and answered their questions. Architect Robert Garza and Crime Control and Prevention District Board President Martin Schelling answered Council's questions. Agenda Item No. 4. Discuss all items on tonight's meeting agenda. City Council reviewed the consent agenda items with city staff. Item 9A was added to the consent agenda. The work session ended at 5:57 p.m. REGULAR SESSION Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:57 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; Section 551.072, deliberation regarding real property, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:57 p.m. Executive Session began at 6:35 p.m. and ended at 7:27 p.m. Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 7:35 p.m. and asked if any action was necessary from Executive Session. Motion was made to authorize the acceptance of deeds to various streets and rights -of -way as discussed in executive session and as acceptable to the city attorney. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Motion was made to direct staff to proceed with and complete the real estate purchase negotiations and finalize the contractual documents relative to a piece of property discussed in executive session pursuant to the terms and conditions presented by the staff but further including a provision to the staff to proceed with all necessary steps and activities relating to the use of imminent domain authority if that should become necessary due to a breakdown in our contractual discussions. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 3A. Mayor's Report Mayor Wambsganss announced upcoming meetings and events. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007 Page 2 of 11 Agenda Item No. 3A1. Update on Art in the Square. Mayor Wambsganss announced that Art in the Square will be held April 27 through April 29 at Southlake Town Square. Agenda Item No. 3A2. Proclamation for Child Abuse Prevention Month. Mayor Wambsganss presented this proclamation to Jessica Campbell of Alliance for Children. Item No. 3B I. Introduction of Senior Activitv Center Coordinator. Amanda Troum. City Manager Yelverton introduced Coordinator Troum to Council. Coordinator Troum thanked the Council. Agenda Item No. 3132. Announcement regarding City -Wide Sidewalk Sale on April 21, 2007. Economic Development Specialist Wagoner presented this item to Council. Agenda Item No. 3C. SPIN Report. A written report was given to Council prior to the meeting. Agenda Item No. 3D. Financial Report. Director Jackson presented this item 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 the minutes from the April 3, 2007, regular City Council meeting. A presentation was not made on this item. Agenda Item No. 4B. Award bid to Texas Harley Davidson in Bedford for the 24 -month lease of seven 7) Harley Davidson RoadKing Motorcycles to be utilized by Police Service's Traffic Division in the amount of $66,395. A presentation was not made on this item. Agenda Item No. 4C. ZA07 -032, Plat Revision for Lot 22R, Block 7, Timarron Addition, Huntly Manor Phase II being a revision of Lot 22, Block 7, Timarron Addition, Huntly Manor Phase II; located at 1339 Province Lane. Current Zoning: R -PUD Residential Planned Unit Development District. SPIN Neighborhood 99e. A presentation was not made on this item. Agenda Item No. 4D. Consider SP07 -114, Variance to Sign Ordinance No. 704 -C for Westwyck Hills, located at the 1300 and 1500 block of Randol Mill Avenue and the 2000 block of Mor Road. A presentation was not made on this item. Agenda Item No. 4E. Resolution No. 07 -019, authorizing the City Attorney to bring condemnation action for the purpose of obtaining land for park purposes being approximately 11.2 acres, part of the R.D. Price Survey Abstract 1003 -D, Tract 6, and approximately 6.546 acres, Tract 4, H.O. Throop Survey, Abstract No. 1273D and Tract 7 and 8, R.D. Price Survey Abstract No. 1003D. 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 OF SOUTHLAKE, TEXAS, AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING FEE SIMPLE ABSOLUTE TITLE IN AND TO CERTAIN LAND, REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007 Page 3 of 11 SPECIFICALLY, 11.2 ACRES, TRACT 6, R.D. PRICE SURVEY, AND 6.546 ACRES, TRACT 4, H.O. THROOP SURVEY, TRACTS 7 AND 8, R.D. PRICE SURVEY FOR PARK PURPOSES OR FOR OTHER PURPOSES AS PERMITTED BY LAW. Agenda Item No. 9A. Amend the urban design studv contract with Townscave. Inc. for $41.500 to perform a -turn and signal timing studies. A presentation was not made on this item. Motion was made to approve consent agenda items 4A, 413, 4C subject to Plat Review Summary No. 2, dated March 29, 2007, 4D, 4E, and 9A. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 REGULAR AGENDA: Agenda Item No. 5. Public Forum No one spoke. Agenda Item No. 6A. Ordinance No. 906, 2nd Reading, to cancel the May 12, 2007, General Election and to declare each unopposed candidate elected to office, and providing an effective date. Mayor Wambsganss 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 CANCELING THE MAY 12, 2007, GENERAL ELECTION AND DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 906, 2 Reading, to cancel the May 12, 2007, General Election and to declare each unopposed candidate elected to office; and providing an effective date. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 6B. ZA06 -187. Site Plan for Masco Service Comoration_ located at 1200 North Kimball Avenue. Current Zoning: B -1 Business Service Park District. SPIN Neighborhood #5. Director Baker presented this item to Council in conjunction with items 6C and 6D. Applicant Shane Bostick, 501 2 Avenue, Dallas, Texas, made a presentation and answered Council's questions. No one spoke during the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007 Page 4 of 11 Motion was made to approve ZA06 -187, Site Plan for Masco Service Corporation, located at 1200 North Kimball Avenue granting the requested variances related to driveway stacking depth and building articulation; accepting applicant's agreement to make all trees which are identified as canopy trees 4 -inch caliper rather than some of them being 3 -inch caliper; and subject to Site Plan Review Summary No. 6, dated April 11, 2007. Motion: Jones Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 6C. Approve Right -of -way Encroachment Agreement for Masco Service Corporation Director Baker presented this item in conjunction with items 6B and 6D. Applicant Shane Bostick, 501 2nd Avenue, Dallas, Texas, made a presentation and answered Council's questions. Motion was made to approve Right -of -way Encroachment Agreement for Masco Service Corporation as presented by staff for a period of ten years. Motion: Jones Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Aizenda Item No. 6D. ZA06 -023. Plat Showing for Lots 19 and 20. F. Throob No. 1511 Addition. located at 1200 North Kimball Avenue. Current Zoning: B -1 Business Service Park District. SPIN Neighborhood #5. Director Baker presented this item in conjunction with items 6B and 6C. Applicant Shane Bostick, 501 2nd Avenue, Dallas, Texas, made a presentation and answered Council's questions. Motion was made to approve ZA06 -023, Plat Showing for Lots 19 and 20, F. Throop No. 1511 Addition, located at 1200 North Kimball Avenue subject to Plat Review Summary No. 4, dated March 28, 2007. Motion: Jones Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 6E. Ordinance No. 480 -PPP, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance, Section 43, General Development Standards, Masonry Requirements. Chief Planner Narayana presented this item to Council in conjunction with item 6F. 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; AS REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007 Page 5 of 11 IT PERTAINS TO MASONRY REQUIREMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABIL.ITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; 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 -PPP, 2 Reading, Amendment to the Comprehensive Zoning Ordinance, Section 43, General Development Standards, Masonry Requirements as presented by staff. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 6F. Ordinance No. 557 -A, 2nd Reading„ Amendment to the Masonry Ordinance, Section 2, Definitions of masonry material. Chief Planner Narayana presented this item to Council in conjunction with item 6E. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 557, AS AMENDED, BEING AN ORDINANCE ADOPTING REQUIREMENTS FOR MASONRY CONSTRUCTION OF EXTERIOR WALLS OF BUILDINGS WITHIN THE CITY OF SOUTHLAKE, TEXAS; 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 PAMPHLET FORM; 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. 557 -A, 2 Reading, Amendment to the Masonry Ordinance, Section 2, Definitions of masonry material as presented by staff. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 6G. Ordinance No. 480 -518, 2nd Reading, (ZA06 -174), Zoning Change and Site Plan for St. John's Baptist Church, located at 900 South Kimball Avenue. Current Zoning: I- 1 Light Industrial District. Requested Zoning: CS Community Service District. SPIN Neighborhood 97. Director Baker presented this item to Council. Applicant Brian Averett with REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007 Page 6 of 11 Graham 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 LOT 4R4R, GREEN MEADOW SUBDIVISION, AND BEING APPROXIMATELY 2.944 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I -1" LIGHT INDUSTRIAL DISTRICT TO "CS" COMMUNITY SERVICE 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. No one spoke during the public hearing. Motion was made to approve Ordinance No. 480 -518, 2n Reading, (ZA06 -174), Zoning Change and Site Plan for St. John's Baptist Church noting the applicant's agreement to enhance the rural feel along Crooked Lane with a minimum of 4 -inch caliper trees and will work the Landscape Administrator to work with the applicant to establish the route of the sidewalk through the trees; noting applicant has agreed to construct a five foot sidewalk along the western edge of the property and along the north all the way to Kimball Avenue; subject to the recommendations of the Planning and Zoning Commission specifically granting the requested variance on 10% reduction of parking and variance on stacking depth; allowing no driveway access onto Crooked Lane; and subject to Site Plan Review Summary No. 5, dated March 27, 2007. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 6H. Ordinance No. 480 -519, 2nd Reading, (ZA06 -190), Zoning Change and Concebt Plan for Lot 24. F. Throob No. 1511 Addition. located at 1497 East Dove Street. Current Zoning: AG Auricultural District. Reauested Zoning: SF -30 Single Familv Residential District. SPIN Neighborhood 95. Chief Planner Narayana presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007 Page 7 of 11 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 TRACT lAl, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. 1511, BEING APPROXIMATELY 0.847 ACRE, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -30" 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 -519, 2nd Reading, (ZA06 -190), Zoning Change and Concept Plan for Lot 24, F. Throop No. 1511 Addition, located at 1497 East Dove Street subject to Concept Plan Review Summary No. 3, dated March 16, 2007. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 6I. Ordinance No. 480 -520, 2nd Reading, (ZA07 -024), Zoning Change and Concept Plan for Lot 14, H. Granberry No. 581 Addition, located at 440 and 480 South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #14. Chief Planner Narayana 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 TRACTS 3H AND 31-11, SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, BEING APPROXIMATELY 2.007 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-IA" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007 Page 8 of 11 "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 -520, 2 nd Reading, (ZA07 -024), Zoning Change and Concept Plan for Lot 14, H. Granberry No. 581 Addition subject to Concept Plan Review Summary No. 3, dated March 16, 2007. Motion: Morris Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 6J. Resolution No. 07 -017, (ZA07 -039), Specific Use Permit for a telecommunications tower located at 340 Miron Drive. Current Zoning: B -1 Business Service Park District. SPIN Neighborhood 98 . Director Baker presented this item to Council in conjunction with item 6K. Applicant Chris Prescott with American Tower made a presentation and answered Council's questions. After discussion, Mr. Prescott asked to table this item to the May 1, 2007, City Council meeting. Motion was made to table Resolution No. 07 -017, (ZA07 -039), Specific Use Permit for a telecommunications tower located at 340 Miron Drive to the May 1, 2007, City Council meeting. Motion: Terrell Second: Stansell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 (to table) Auenda Item No. 6K. Resolution No. 07 -018. (ZA07 -040). Specific Use Permit for a telecommunications tower located at 3700 North White Chapel Boulevard. Current Zoning: CS Community Service District. SPIN Neighborhood #1 Director Baker presented this item to Council in conjunction with item 6J. Applicant Chris Prescott with American Tower made a presentation and answered Council's questions. After discussion, Mr. Prescott asked to table this item to the May 1, 2007, City Council meeting. Motion was made to table Resolution No. 07 -018, (ZA07 -040), Specific Use Permit for a telecommunications tower located at 3700 North White Chapel Boulevard to the May 1, 2007, City Council meeting. REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007 Page 9 of 11 Motion: Terrell Second: Stansell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 (to table) Agenda Item No. 6L. Ordinance No. 907, 2nd Reading„ Amending Chapter 10, Article V, 'Public Smoking," of the Southlake City Code. 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 CHAPTER 10, ARTICLE V, "PUBLIC SMOKING' OF THE SOUTHLAKE CITY CODE TO PROHIBIT SMOKING IN ALL PUBLIC BUILDINGS, AND WITHIN 12 FEET OF THE ENTRANCE TO A PUBLIC BUILDING, REQUIRING "NO SMOKING' SIGNS IN RESTAURANTS, BARS, AND TAVERNS; AND PROHIBITING CERTAIN ACTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS AND CODIFICATION; PROVIDING FOR A PENALTY AND PUBLICATION; AND DECLARING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. Scott Parizo, 1407 McCrae, Southlake, Texas, did not wish to speak, but recorded his support. Greg Billingsley spoke in opposition. Mayor Wambsganss closed the public hearing. Council continued discussion of this proposed ordinance. Motion was made to approve Ordinance No. 907, 2 Reading, Amending Chapter 10, Article V, "Public Smoking," of the Southlake City Code, as presented and effective June 1, 2007, and also prohibiting smoking in any hotel. Motion: Terrell Second: Stansell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss Nays: None Approved: 7 -0 Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 9:32 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wambsganss Mayor REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007 Page 10 of 11 ATTEST: Lori Payne, TRMC City Secretary REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007 Page 11 of 11