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2004-10-05 Regular CC Meeting I I. I I I I I I I I. I I I I I I I. I I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: OCTOBER 5.2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Cal1to order. 2. Discussion of all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:00 P.M. or immediatelv foUowm2 the work session 1. Cal1to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held. under these exceotions. at the end of the Re2ular Session or at any time durin2 the meetin2 that a need arises for the City Councn to seek advice from the City Attornev as to the oosted subject matter of this City Council meetin2. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding water back billing. b. Seek advice of the city attorney regarding changes in property values based upon tax exempt status. c. Marpave, Inc. vs. City of Southlake. d. R.E. and Marilyn Smith vs. City of Southlake. 2. Section 551.087: Deliberation re2ardin2 economic develooment ne2otiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Scott Berry, First Baptist Church 4. REPORTS: A. Mayor's Report 1. Proclamation for Relationship Violence Awareness Month 2. Proclamation for Master Gardeners Contribution to Liberty Garden I I. I I I I I I I I. I I I I I I I. I I City of Southlake City Council meeting agenda October 5, 2004 Page 2 of7 B. City Manager's Report C. SPIN Board Report D. Library Board Report E. Park and Recreation Board Report F. Local Business Report CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5. Consent: A. Approve minutes for the September 21, 2004, regular City Council meeting. B. Authorize the City Manager to enter into an agreement for the purchase of park property. C. Approve an Interlocal Agreement for funding the Teen Court Program between the cities of Southlake, Colleyville, and Grapevine. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 880, 2nd Reading, Amendment to Chapter 9.5 - Environment of the Southlake City Code to add Article IV "Gas and Oil Well Permits." PUBLIC HEARING B. Ordinance No. 881, 2nd Reading, Amendment to Section 12-78 of Article ill, Park and Recreation Board Meetings and by-laws, of Chapter 12 of the Southlake City Code; providing for revision to election of officers. PUBLIC HEARING C. ZA04-049, Site Plan for Guaranty Bank located at 415 East Southlake Boulevard. Current Zoning: S-P-2 General Site Plan District. SPIN Neighborhood #9W. PUBLIC HEARING D. Resolution No. 04-069, (ZA04-074), Specific Use Permit to Allow Outside Sales and Service for the Pumpkin Patch located at 2171 East I I. I I I I I I I I. I I I I I I I. I I City of Southlake City CouneD meeting agenda October 5, 2004 Page 3 of7 Southlake Boulevard. Current Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #8. PUBLIC HEARING E. ZA04-066, Revised Concept Plan for Southlake Town Square. The property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase I on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING F. ZA04-067, Site Plan for Southlake Town Square Grand Avenue District. The property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase I on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING G. Resolution No. 04-070, (ZA04-069), Specific Use Permit to Allow Multi- level Parking Garages for Non-Residential Property on Lot 2, Block 3R1 and Lot 3, Block 4R, Southlake Town Square, Phase I and on a Portion of Tracts 2A5 and 3 in the Richard EOOs Survey, Abstract No. 481. The sites are located approximately 1,000 feet east of North Carroll Avenue and approximately 1,000 feet south of State Highway 114. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING H. ZA04-070, Revised Preliminary Plat for Blocks 3R2, 4R1, 12-14, 17 and 18, Southlake Town Square; being a revision of Lot 3, Block 4R and Lot 2, Block 3R1, Southlake Town Square, Phase I and being a portion ofland in the Richard EOOs Survey, Abstract No. 481. The property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase I on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. I. ZA04-071, Plat Revision for Blocks 3R2, 4R1, 12-14, 17 and 18, Southlake Town Square; being a revision of Lot 3, Block 4R and Lot 2, Block 3R1, Southlake Town Square, Phase I and being a portion ofland in the Richard EOOs Survey, Abstract No. 481. The property is bounded by State Highway 114 on the north side and Southlake Town Square, Phase I on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. 8. Ordinances, first readings, and related items: A. Ordinance No. 480-446, (ZA04-044), 1st Reading, Zoning Change and Concept Plan for Kimball Estates located at 1470 North Kimball Avenue. Current Zoning: SF-1A Single Family Residential District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #5. THIS ITEM HAS BEEN TABLED TO THE NOVEMBER 2, 2004, CITY COUNCIL MEETING. I I :. I ,I I II I 'I , II I I 'I. II II I I I I I. I I City of Southlake City Council meeting agenda October S, 1004 Page 4 of7 B. Ordinance No. 480-447, (ZA04-051), 1st Reading, Zoning Change and Site Plan for Clearview Eyecare & Laser Center located at 2100 East State Highway 114. Current Zoning: C-2 Local Retail Commercial District. Requested Zoning: S-P-1 Detailed Site Plan District with C-2 Local Retail Commercial District uses. SPIN Neighborhood #6. (If approved at first reading, the public hearing will be held October 19, 2004). C. Ordinance No. 480-448, (ZA04-054), 1st Reading, Zoning Change and Concept Plan for St. Emilion Subdivision located at 1580 East Highland Street; on the north side of East Highland Street, approximately 650 feet west of Sunshine Lane, being approximately 17 acres. Current Zoning: AG Agricultural District. Requested Zoning: SF-30 Single Family Residential District. SPIN Neighborhood #5. THIS ITEM HAS BEEN TABLED TO THE OCTOBER 19, 2004, CITY COUNCIL MEETING. 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. B. ZA04-065, Plat Revision for Lots 1 through 5, Block 5, Cornerstone Business Park being a revision of Lots 1, 2R1, 3, 4 and 5, Block 5, Cornerstone Business Park; to include Tracts llE1 and llF, Thomas Easter Survey, Abstract No. 474. The property is located on the east side of South Nolen Drive, approximately 600 feet south of East Southlake Boulevard. Current Zoning: S-P-2 General Site Plan District. SPIN Neighborhood #7. C. Consider SP04-210, Variance to Sign Ordinance No. 704-B, Highland Nails & Spa, located at 2125 West Southlake Boulevard, Suite 335. D. Consider SP04-212, Amendment to Conditional Sign Permit for Gateway Plaza Phase IT, located at East Southlake Boulevard and Nolen Drive. E. Consider SP04-223, Variance to Sign Ordinance No. 704-B, Harris Methodist Southlake, located at 1545 East Southlake Boulevard. F. Consider SP04-224, Conditional Sign Permit for a Directory and Directional Signage System at Harris Methodist Southlake, located at 1545 East Southlake Boulevard. I I. I I I I I I I I. I I I I I I I. I I City of Soutblake City Councll meeting agenda October 5, 2004 Page Sof7 G. Consider SP04-229, Variance to Sign Ordinance No. 704-B, Velocity Sports Performance, located at 1800 East State Highway 114, Suite 102. H. Consider Option #3 of the Joint Utilization Analysis Report. 11. Other items for discussion: (There are no items on this agenda.) 12. Meeting adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, October 1, 2004, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. \\\1$'1111'", ~ WP ...... OUTII~~'~ . 0. o:-......!< ~........~.11'"..tI.."~ ....0.. .,~-~ !~I *. \'""~~ Lori A. Farwell, TRMC i -0: : : - . . - City Secretary -; \. ; 0,) i ~ .... .... I "" ......... ,$ lfyou plan to attend this public meeting an'i1'-i4,t.,'dtdcdio;.qJ,flity that requires special needs, please .. 'f"""'" adVIse the CIty Secretary's Office 48 hours In advance at 817-481-1490 and reasonable accommodations will be made to assist you. I I. I I I I I I I Ie I I I I I I I. I I City of Southlake City Council meeting agenda October S, 2004 Page 6 of7 EXECUTIVE SESSION Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. City ofSouthlake vs. Timarron et.a!. May 2001. 2. Architectural Utilities Limited Partnership dba AU! General Contractors vs. City of Southlake. March 2003. 3. Marpave, Inc., vs. City ofSouthlake. November 2003. 4. Steve L. Perry and Aline Perry vs. City of South lake. November 2003. 5. R.E. and Marilyn Smith vs. City of Southlake. December 2003. 6. City of Southlake vs. Howard E. Carr, Jr. March 2004. 7. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes, Carlee A. Capili and wife, Regina Capili and John R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City of Southlake. July 2004. Section 551.072: Deliberation ree:ardine: real DrODertv The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation ree:ardine: DrosDective e:ift or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Section 551.074: Deliberation ree:ardine: Dersonnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Section 551.076: Deliberation ree:ardine: security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. Section 551.087: Deliberation ree:ardine: economic develoDment nee:otiations The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. I I. I I I I I I I Ie I I I I I I I. I I City of Southlake City Council meeting agenda October 5, 2004 Page 7 of7 Section 418.183(0: Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism-related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetine:s to discuss emere:encv manae:ement plans ree:ardine: pipeline safety The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. I II e I I I I I I I Ie I I I I I I I .e I CITY OF SOUTHLAKE omCfAL RECORD REGULAR CITY COUNCIL MEETING MINUTES: OCTOBER S. 2004 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland and Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: Councilmember Laura K. Hill. STAFF PRESENT: City Manager Billy Campbell, Assistant City Manager Shana Yelverton, Executive Secretary Kim Bush, Library Administrator Kerry McGeath, Manager of Technical Services Gary Gregg, Information Systems Technician Sam Cobb, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Director of Human Resources Kevin Hugman, Interim Director of Planning Ken Baker, Senior Planner Dennis Killough, Director of Public Safety Rick Black, Chief Building Official Paul Ward, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Assistant to the Director of Public Works Valerie Bradley, City Attorney E. Allen Taylor, Deputy City Secretary Tara Brooks, and City Secretary Lori Farwell. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:31 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 8A to table to the first meeting in November; 8C to table to October 19,2004; lOA; lOB; IOC; IOD to table to October 19, 2004; IOE; IOF; lOG; and IOH were added to the consent agenda. The work session ended at 6:30 p.m. REGULAR SESSION: Agenda Item No.1. Call to order: The regular sessIOn was called to order by Mayor Wambsganss at 6:30 p.m. Agenda Item No. 2A. Executive Session: Mayor Wambsganss announced that the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:30 p.m. Executive Session began at 6:50 p.m. and ended at 7:25 p.m. Agenda Item No. 2B. Reconvene: Mayor Wambsganss reconvened the regular meeting at 7:26 p.m. The Mayor asked if there was any action necessary as a result of the Executive Session. Motion was made to authorize the settlement in Marpave, Inc., vs. City of Southlake. Motion: Jones REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 5, 2004 Page 1 of9 I II - I I I I I I I I. I I I I I I I .- I Second: Ayes: Nays: Approved: Terrell Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss None 6-0 Agenda Item No.3. Invocation: The invocation was given by Scott Berry from First Baptist Church. Boy Scout Troop 402 presented the colors and led the audience in the Pledge of Allegiance. Agenda Item No. 4A. Mayor's Reoort: Mayor Wambsganss announced upcoming meetings and events and presented a proclamation to Joanne Hon for the Master Gardeners' contributions to Liberty Garden. The Mayor also recognized the following people for their outstanding service to the Liberty Garden: Dottie Woodson, Jackie Peel, Donna Haggerty, Debra Sanders, Dick and Pat Oliver, Toni Hernandez, LJ. Williams, Janice Newbrand, Lou Milner, Barbara Munn, Scott Wood, and Keep Southlake Beautiful Liberty Garden Committee Members - Rosemary Hutchins, Wendi Carlucci, Emily Galpin, Debra Heath, Vicki Glover, John Shock, Mary Jean Oman, Dorothy Wood, Jackie Phillips, Elizabeth McCracken, Liz Durham, Stephanie Talley, Laura Flaherty, Kie Muzyka, Becky Gamble and Barbara Adkins. There was no one present to receive the proclamation in honor of Relationship Violence Awareness Month. Councilmember Jones recognized City employee Paul Ward for his outstanding service and dedication and for a job well done. Agenda Item No. 4a. City Manager's Report: None. Agenda Item No. 4C. SPIN Board Reoort: A written report was included in Council's packet. Agenda Item No. 4D. Library Board Report: A written report was included in Council's packet. Agenda Item No. 4E. Park and Recreation Board Reoort: Park Board member Cara White announced upcoming and recent park activities. Agenda Item No. 4F. Local Business Report: Director Last introduced local business owner, Calvin Evanoff of The Boardroom - a Men's Salon, who presented his business to the Council. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. The Mayor read the items into the record. Agenda Item No. 5A. Approve minutes for the Seotember 21. 2004. regular City Council meeting. Approved as presented. Agenda Item No. 5a. Authorize the City Manager to enter into an agreement for the nurchase of park pronerty. City Manager Campbell presented this item to Council during the work session. Agenda Item No. 5C. Apnrove an Interlocal Agreement for funding the Teen Court Program between the cities of Southlake. Collevville. and Granevine. Director Elam presented this item to Council during the work session. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 5, 2004 Page 2 of9 I. I. I I I I I I I I. I I I I I I I. I I Agenda Item No. 8A. Ordinance No. 480-446. (ZA04-044t 1st Reading. Zoning Change and Concept Plan for Kimball Estates located at 1470 North Kimball Avenue. Current Zoning: SF- 1A Single Family Residential District. Reauested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #5. The applicant requested to table this item to the first meeting in November. Agenda Item No. 8C. Ordinance No. 480-448. (ZA04-054t 1 st Reading. Zoning Change and Conceot Plan for St. Emilion Subdivision located at 1580 East Highland Street; on the north side of East Highland Street. approximately 650 feet west of Sunshine Lane. being approximately 17 acres. Current Zoning: AG Agricultural District. Reauested Zoning: SF-30 Single Family Residential District. SPIN Neighborhood #5. The applicant requested to table this item to October 19,2004. Agenda Item No. lOA. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetinlZs. City Council excused the absence of Mike Springer from the September 23, 2004, Planning and Zoning Commission meeting. Agenda Item No. lOB. ZA04-065. Plat Revision for Lots 1 through 5. Block 5. Cornerstone Business Park being a revision of Lots 1. 2R1. 3. 4 and 5. Block 5. Cornerstone Business Park; to include Tracts 11E1 and 11F. Thomas Easter Survey. Abstract No. 474. The property is located on the east side of South Nolen Drive. aooroximately 600 feet south of East Southlake Boulevard. Current Zoning: S-P-2 General Site Plan District. SPIN Neighborhood #7. Senior Planner Killough presented this item to Council during the work session. Applicant Max Kruegler answered Council's questions. Mr. Kruegler agreed to look at the possibility of horizontal trenching in an effort to save more trees. Agenda Item No. lOCo Consider SP04-2l0. Variance to Sign Ordinance No. 704-B. Highland Nails & Spa. located at 2125 West Southlake Boulevard. Suite 335. Senior Planner Killough presented this item to Council during the work session. Applicant Steve Jesop, 1940 Forest Road, Grapevine, answered Council's questions on this item. Agenda Item No. lOD. Consider SP04-212. Amendment to Conditional Sign Permit for Gatewav Plaza Phase II. located at East Southlake Boulevard and Nolen Drive. The applicant requested to table this item to October 19, 2004. Agenda Item No. lOE. Consider SP04-223. Variance to Sign Ordinance No. 704-B. Harris Methodist Southlake. located at 1545 East Southlake Boulevard. Senior Planner Killough presented this item, in conjunction with item lOF, to Council during the work session. Applicant Frank Sapienza, 1411 Pegosa Trail, Carrollton, answered Council's questions. Mr. Sapienza agreed to change the E3 sign on FM 1709 to include stone similar to their main sign on FM 1709. Agenda Item No. 10F. Consider SP04-224. Conditional Sign Permit for a Directory and Directional SilZUage System at Harris Methodist Southlake. located at 1545 East Southlake Boulevard. Senior Planner Killough presented this item, in conjunction with item 10E, to REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 5, 2004 Page 3 of9 I I. I I I I I I I I. I I I I I I I I. I Council during the work session. Applicant Frank Sapienza, 1411 Pegosa Trail, Carrollton, answered Council's questions. Agenda Item No. lOG. Consider SP04-229. Variance to Sign Ordinance No. 704-B. Velocity Snorts Performance. located at 1800 East State Highway 114. Suite 102. Senior Planner Killough presented this item to Council during the work session. Applicant Wayne Foster, 1206 Westgate, Irving, answered Council's questions. Agenda Item No. 10H. Consider Option #3 of the Joint Utilization Analysis Report. Deputy Director Polasek presented this item to Council during the work session. Motion was made to approve items 5A; 5B; 5C; 8A to table to the first meeting in November; 8C to table to October 19, 2004; lOA excusing the absence of Mike Springer who missed the September 23, 2004, meeting; lOB as approved by the Planning and Zoning Commission and requiring the applicant to work with staff to minimize the loss of trees and subject to Plat Review Summary No.4, dated September 17, 2004; 10C reducing the request to 24 square feet and subject to the plan submitted at the October 5, 2004, City Council meeting; 10D to table to October 19, 2004; IOE; 10F as requested but requiring sign E3 on FM 1709 to have a stone accent similar to the main sign within 90 days; lOG; and 10H. Motion: Terrell Second: Morris Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Deputy Mayor Pro Tern Morris thanked all those who participated in the walk for PKD on September 25. REGULAR AGENDA: Agenda Item No.6. Public Forum. Kelli Riley of the Southlake Lacrosse Association thanked Council for their assistance during the State Championships and presented them with t-shirts. Agenda Item No. 7A. Ordinance No. 880. 2nd Reading. Amendment to Chanter 9.5 - Environment of the Southlake City Code to add Article N "Gas and Oil Well Permits." Interim Planner Baker presented this item to the Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, REGULATING THE DRILLING AND PRODUCTION OF GAS AND OIL WELLS WITHIN THE CITY; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING A CUMULATNE CLAUSE; AND ESTABLISHING AN EFFECTNE DATE. No one spoke during the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 5, 2004 Page 4 of9 I I. I I I I I I I I. I I I I I I I I. I Motion was made to approve Ordinance No. 880, 2nd Reading. Motion: Terrell Second: Shankland Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7B. Ordinance No. 881. 2nd Reading. Amendment to Section 12-78 of Article III. Park and Recreation Board Meetings and by-laws. ofChaDter 12 of the South/alee City Code: providing for revision to election of officers. Director Jackson presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: AN ORDINANCE MODIFYING SECTION 12-78 OF THE CITY CODE REGARDING THE ELECTION OF OFFICERS OF THE PARK. AND RECREATION BOARD, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 881, 2nd Reading, allowing the Park Board to have at this time new elections for officers. Motion: Shankland Second: Terrell Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7C. ZA04-049. Site Plan for Guaranty Bank located at 415 East Southlak.e Bouleyard. Current Zoning: S-P-2 General Site Plan District. SPIN Neighborhood #9W. Senior Planner Killough presented this item to Council. No one spoke during the public hearing. Motion was made to approve ZA04-049 subject to Site Plan Review Summary No.3, dated September 17, 2004, and reducing the number of parking spaces on the site to twenty-two and incorporating the items included in the Staff Report dated September 29,2004. Motion: Jones Second: Terrell Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7D. Resolution No. 04-069. (ZA04-074t Specific Use Permit to Allow Outside Sales and Service for the PumDkin Patch located at 2171 East Southlak.e Boulevard. Current Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #8. Senior Planner Killough presented this item to Council. Applicants Derek Malone and Eric Buchanan, 2171 East REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 5, 2004 Page 5 of9 I lie il I I I I I I Ie I I I I I I I Ie I Southlake Boulevard, answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR OUTDOOR SALES OR SERVICES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2171 E. SOUTHLAKE BOULEVARD, BEING LEGALLY DESCRIBED AS LOT 3, J.A. FREEMAN NO. 529 ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHffilT "A," AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHffilT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 04-069 (ZA04-074) Specific Use Permit to allow outside sales and service for the Pumpkin Patch located at 2171 East Southlake Boulevard subject to the signage as shown and the time limits set in the applicant's letter. Motion: Morris Second: Shankland Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7E. ZA04-066. Revised Conceot Plan for Southlake Town Square. The property is bounded by State Highway 114 on the north side and Southlake Town Square. Phase I on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Senior Planner Killough presented this item to Council along with items 7F, 7G, 7H and 71. Applicant Brian Stebbins of Cooper and Stebbins made a presentation to Council and answered their questions. No spoke during the public hearing. Motion was made to approve ZA04-066, subject to the Concept Plan Review Summary No.2, dated September 17,2004, and granting the requested variance to right-of-way width. Motion: Terrell Second: Shankland Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7F. ZA04-067. Site Plan for Southlake Town Sauare Grand Avenue District. The property is bounded by State Highway 114 on the north side and Southlake Town Sauare. Phase I on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Senior Planner Killough presented this item to Council along with items 7E, 7G, 7H and 71. Applicant Brian Stebbins made a presentation to Council and answered their questions. Mayor Wambsganss opened the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 5, 2004 Page 60[9 I I. I I I I I I I I. I I I I I I I I. I Frank Bliss~ 1008 Quail Run Road~ South1ake~ said they are reviewing the feasibility of omitting one of the driveways that do not align south of this development. Mayor Wambsganss closed the public hearing. Motion was made to approve ZA04-067~ subject to Site Plan Review Summary No. 2~ dated September 17 ~ 2004; granting the requested variances to driveway spacing and stacking; granting the variance to the orientation of the hotel and theatre to the street; and requiring City Council review and approval of theatre building elevations prior to issuance of a building permit. Motion: Terrell Second: Morris Ayes: Jones~ Morris~ Muzyka~ Shankland~ Terrell~ Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7G. Resolution No. 04-070. (ZA04-069t Soecific Use Permit to Allow Multi- level Parking Garages for Non-Residential Prooertv on Lot 2. Block 3Rl and Lot 3. Block 4R. Southlake Town Sauare. Phase I and on a Portion of Tracts 2A5 and 3 in the Richard Eads Survey. Abstract No. 481. The sites are located aooroximately 1.000 feet east of North Carroll Avenue and aooroximately 1.000 feet south of State Highway 114. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Senior Planner Killough presented this item to Council along with items 7E, 7F~ 7H and 71. Applicant Brian Stebbins made a presentation to Council and answered their questions. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS~ GRANTING A SPECIFIC USE PERMIT FOR MULTI-LEVEL PARKING GARAGES FOR NON-RESIDENTIAL PROPERTY ON PROPERTY WITHIN THE CITY OF SOUTHLAKE~ TEXAS~ BEING LEGALLY DESCRIBED AS LOT 2~ BLOCK 3Rl AND LOT 3~ BLOCK 4R~ SOUTHLAKE TOWN SQUARE, PHASE I AND A PORTION OF TRACTS 2A5 & 3~ SITUATED IN THE R. EADS SURVEY~ ABSTRACT NO. 481, MORE FULLY AND COMPLETELY DESCRIBED IN EXHffilT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHffilT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 04-070, subject to the Specific Use Permit Review No. 1~ dated September 23, 2004~ requiring City Council review and approval of the ground level garage screening prior to issuance of a building permit. Motion: Terrell Second: Shankland Ayes: Jones~ Morris, Muzyka~ Shankland~ Terrell~ Wambsganss Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 5, 2004 Page 70f9 I I. I I I I I I I Ie I I I I I I I Ie I Agenda Item No. 7H. ZA04-070. Revised Preliminary Plat for Blocks 3R2. 4Rl. 12-14. 17 and 18. Southlake Town SQuare: being a revision of Lot 3. Block 4R and Lot 2. Block 3Rl. Southlake Town SQuare. Phase I and being a portion of land in the Richard Earls Survey. Abstract No. 481. The property is bounded by State Highway 114 on the north side and Southlake Town SQuare. Phase I on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Senior Planner Killough presented this item to Council along with items 7E, 7F, 7G and 71. Applicant Brian Stebbins made a presentation to Council and answered their questions. Motion was made to approve ZA04-070 subject to the Plat Review Summary No.2 dated September 17, 2004. Motion: Terrell Second: Morris Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 71. ZA04-07l. Plat Revision for Blocks 3R2. 4Rl. 12-14. 17 and 18. Southlake Town SQuare: being a revision of Lot 3. Block 4R and Lot 2. Block 3Rl. Southlake Town Square. Phase I and being a portion of land in the Richard Eads Survey. Abstract No. 481. The property is bounded by State Highway 114 on the north side and Southlake Town SQuare. Phase I on the south side. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Senior Planner Killough presented this item to Council along with items 7E, 7F, 7G and 71. Applicant Brian Stebbins made a presentation to Council and answered their questions. Motion was made to approve ZA04-071, subject to the Plat Review Summary No.2, dated September 17, 2004. Motion: Terrell Second: Muzyka Ayes: Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 8B. Ordinance No. 480-447. (ZA04-051t 1st Reading. Zoning Change and Site Plan for Clearview Eyecare & Laser Center located at 2100 East State Highway 114. Current Zoning: C-2 Local Retail Commercial District. ReQuested Zoning: S-P-l Detailed Site Plan District with C-2 Local Retail Commercial District uses. SPIN Neighborhood #6. Senior Planner Killough presented this item to Council. Applicants Skip Blake, Blake Architects and Dr. Wally Ryan answered Council's questions. Motion was made to approve Ordinance No. 480-447, 1st Reading, subject to the Site Plan Review Summary No.3, dated September 17, 2004, and the recommendations of the Planning and Zoning Commission and requiring that the dumpster be relocated to face the building instead of the street. Motion: Jones REGULAR CITY COUNCIL MEETING MINUTES, OCTOBER 5, 2004 Page 80f9 I II. il I I I I I I Ie I I I I I I I Ie I Second: Ayes: Nays: Approved: Terrell Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss None 6-0 Mayor Wambsganss announced that the November 2,2004, City Council meeting will be moved to November 9, 2004, and that the second meeting in November will still be held on the third Tuesday, November 16. Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 9:29 p.m. *An audio recording of this meeting wiU be permanently retained in the City Secretary's Office. -zi? Mayor ~ - ATTEST: "".......,.. "~,I ~, ~'() ~ f~~ L~ri A. 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