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2005-07-19 Regular CC Meeting I I. I ! II I I I I I Ie I I I I I I I Ie I '- CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: JULY 19. 2005 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 immediately followm2 the work session 1. Cal1to order. 2. 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(t), 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 Council to seek advice from the City Attornev as to the oosted subiect matter of this City Council meetin2. A. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding Town Hall construction issues. 2. Section 551.074: Deliberation re2ardin2 oersonnel matters a. Deliberation of appointment of a Municipal Judge. 3. Section 551.087: Deliberation ree:ardine: economic develooment ne20tiations a. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. Scott Berry, First Baptist Church INVOCATION: 4. REPORTS: A. Mayor's Report B. City Manager's Report 1. Introduction of new Public Works Operations Manager 2. Introduction of new Police Chief I I. I I I I I I I I. I I I I I I I I. I City of Southlake City Councll meeting agenda July 19, 2005 Page 2 of7 C. Financial Report D. Park and Recreation Board 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 the minutes for the June 16 and 17, 2005, June Retreat and the June 21,2005, regular City Council meeting. B. Request City Council to consider rejecting all bids for "2005 Water System Improvements" for the construction of a 1.5 million gallon elevated water storage tank and repainting of the 5 million gallon ground storage tank at Pearson Pump Station. C. Authorize the Mayor to execute a Residential Developer's Agreement for The Enclave, a 13 lot addition located on the east side of Randol Mill Avenue, approximately 500' feet south of Dove Street. D. Authorize the Mayor to execute a contract with Tarrant County for the pavement rehabilitation on North Pearson Lane from West Southlake Boulevard to Florence Road, North Peytonville Avenue from West Southlake Boulevard to Ravens Bend and Shady Oaks Drive from West Southlake Boulevard to Durham Elementary School. E. Award of bid for sports officiating and scorekeeping services. F. Approve a name for the proposed dog park to be located in Bob Jones Park. G. Authorize the Mayor to acquire an easement for Timarron trail connection. H. Approve matching funds request from Southlake Girls Softball Association (SGSA) for purchase and construction of a playground at Bob Jones Park. I. ZA05-065, Plat Revision for The Enclave, being a revision of Lot 3, Block 1, W.H. Martin No. 1068 Addition; to include Tracts 1,2, 4Al and 4D, W. Martin Survey, Abstract No. 1068; and Tracts 2A, 2Al, 2A6, and 2A7, C. Dart Survey, Abstract No. 2003. The property is located at the southeast intersection of Randol Mill Avenue and Dove Road; being 2185 and 2195 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 July 19, 2005 Page 3 of 7 North Randol Mill Avenue, and 1340 Robin Lane. Current Zoning: SF-IA Single Faniily Residential District. SPIN Neighborhood #12. J. Ordinance No. 480-451, 1st Reading (ZA04-101), Zoning Change for Tracts lAIA2, and lAIA2D, B.J. Foster Survey, Abstract No. 519. The property is located on the north side of Gifford Court, approximately 300 feet east of Randol Mill Avenue. Current Zoning is AG Agricultural District. Requested Zoning is SF-IA Single Family Residential District. SPIN Neighborhood #12. THIS ITEM WILL BE TABLED TO THE AUGUST 2, 2005, CITY COUNCIL MEETING. K. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 887, 2nd Reading, Appoint a Municipal Judge and authorize the Mayor to execute an agreement with the Municipal Judge and provide an effective date. PUBLIC HEARING B. Ordinance No. 888, 2nd Reading, Amending Article IV of Chapter 2 of the Code of Ordinances by establishing a new division relating to purchasing procedures. PUBLIC HEARING C. Ordinance No. 480-459, 2nd Reading (ZA05-024), Zoning Change and Concept Plan for proposed Lots 1-11 and 13, Miracle Pointe, being legally described as a portion of Tract 6Kl, J.H. Freeman Survey, Abstract No. 529. The property is located at 2200 Crooked Lane. Current Zoning: 1-1 Light Industrial District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #7. PUBLIC HEARING D. Ordinance No. 480-460, 2nd Reading (ZA05-025), Zoning Change and Site Plan for proposed Lot 12, Miracle Pointe, being legally described as a portion of Tract 6Kl, J.H. Freeman Survey, Abstract No. 529. The property is located at 2200 Crooked Lane. Current Zoning: 1-1 . Light Industrial District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING E. ZA05-026, Preliminary Plat for proposed Lots 1-13, Miracle Pointe located at 2200 Crooked Lane. Current Zoning: 1-1 Light Industrial District. Proposed Zoning: SF-20A Single Family Residential District and S-P-I Detailed Site Plan District. SPIN Neighborhood #7. I I. I I I I I I I I. I I I I I I I I. I City of SouthIake City Council meeting agenda July 19, 2005 Page 4 of7 F. Resolution No. 05-034, (ZA05-055) Specific Use Permit for a studio designed for the practice, education or training in music at For Those About to Rock School located at 985 North Carroll Avenue. Current Zoning: C-l Neighborhood Commercial District. SPIN Neighborhood #6. PUBLIC HEARING G. Resolution No. 05-035, (ZA05-056) Specific Use Permit for the sale of alcoholic beverages at Severine's located at 621 East Southlake Boulevard, Suite A. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #ge. PUBLIC HEARING H. Resolution No. 05-036, (ZA05-057) Specific Use Permit for the sale of alcoholic beverages at Buster's Mexican Grill located at 2707 East Southlake Boulevard, Suite 100. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING I. Resolution No. 05-026, Adoption of the Consolidated Future Land Use Plan as a component of the Southlake 2025 Plan, the Comprehensive Master Plan for the City of Southlake. PUBLIC HEARING J. Resolution No. 05-027, Adoption of the Consolidated Mobility and Master Thoroughfare Plan as a component of the Southlake 2025 Plan, the Comprehensive Master Plan for the City of Southlake. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-461, 1st Reading (ZA05-048) Zoning Change and Concept Plan for Sandlin Manor, on property being approximately 14.25 acres and being legally described as Lot 1, Block 1, Sandlin Estates. The property is located at 400 Chapel Downs Drive West. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #10. (If approved on first reading, the public hearing will be held on August 2, 2005.) B. Ordinance No. 480-462, 1 st Reading (ZA05-058) Zoning Change and Development Plan for The Cliffs; being Tracts IB and lA, W. Mills Survey, Abstract No. 1086; Tract 3, W. Mills Survey, Abstract No. 877D; Tract 2, W. Medlin Survey, Abstract No. 1958; and Tract 4, W. Medlin Survey, Abstract No. 1588D, located on the west side of the 3800 block of North White Chapel Boulevard and the east side of the 3900 block of T.W. King Road. Current Zoning: AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #1. (If approved on first reading, the public hearing will be held on August 2, 2005.) I I. e I I I I I I I Ie I I I I I I I .e I City of Southlake City Council meeting agenda July 19,2005 Page 5 of7 C. Ordinance No. 480-463, 1 st Reading (ZA05-063) Zoning Change and Development Plan for Estes Park Phase IV; being Lot 1, Block 1, Larkin H. Chivers No. 300 Addition; Lots 1 and 2, Block 1, Callicott/Rhodes Farms; and Tracts lA3, IB3A, and IB3B, A. Chivers Survey, Abstract No. 300, located approximately 405' east from the southeast comer of East Dove Road and North White Chapel Boulevard Current Zoning: RE Residential Estate District, AG Agricultural District, and SF-IA Single Family Residential District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #5. (If approved on first reading, the public hearing will be held on August 2, 2005.) D. Ordinance No. 480-445a, 1 st Reading (ZA05-070) Zoning Change and Site Plan for Shady Oaks Offices located at 600 - 660 West Southlake Boulevard; being at the northwest comer of the intersection of West Southlake Boulevard and Shady Oaks Road. Current Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses. Requested Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #12. (If approved on first reading, the public hearing will be held on August 2,2005.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Consider SP05-173, Variance to the Sign Ordinance 704-B for Rapid Refill Ink located at 3300 State Highway 114, Suite 103. 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, July 15, 2005, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. k ~ ""''''OUT;;~'''''''' .. tJ ,:..."o~ ~......... ~ ':-.. .. !.t\ ~ ~ \ .- ..'.:- ~ =;:: ~ \""'~ ~ri A. Farwell, TRMC ~ (3 { AT" 1 ~ ~ CIty Secretary ;... J 0) S If you plan to attend this public meeting J&s! ~a.r/Jllllbil;J that requires special needs, please advise the City Secretary's Office 48 hfJfq,1,"1f{ldv~~ at 817-748-8016 and reasonable accommodations will be made to assist you. I"""..."" I I. I I I I I I I I. I I I I I I I I. I City of Southlake City Councll meeting agenda July 19, 200S 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 of South lake vs. Timarron et.al. May 2001. 2. Steve L. Perry and Aline Perryvs. City ofSouthlake. November 2003. 3. R.E. and Marilyn Smith vs. City of Southlake. December 2003. 4. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City ofSouthlake. July 2004. 5. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City of Southlake. March 2005. 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: Denonnel matten 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 I. I I I I I I I I. I City of Southlake City Council meeting agenda July 19, 2005 Page 7of7 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 I. I I I I I I I Ie I I I I I I I I- I f\~t,,,b~ tb~ CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: JULY 19.2005 LOCATION: 1400 Main Street, Southlak:e, Texas Council Chambers in Town Hall WORK SESSION: 5:30 to 6:00 P.M. 1. Call to 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 foUowin2 the work session 1. Call to 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 Ret!ular Session or at any time durin2 the meetin2 that a need arises for the City Council 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 Town Hall construction issues. 2. Section 551.074: Deliberation ret!ardin2 oersonnel matters a. Deliberation of appointment of a Municipal Judge. 3. Section 551.087: Deliberation ret!ardin2 economic develooment ne20tiations 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 B. City Manager's Report 1. Introduction of new Public Works Operations Manager 2. Introduction of new Police Chief 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 July 19,2005 Page 2 of7 C. Financial Report D. Park and Recreation Board 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 the minutes for the June 16 and 17, 2005, June Retreat and the June 21,2005, regular City Council meeting. B. Request City Council to consider rejecting all bids for "2005 Water System Improvements" for the construction of a 1.5 million gallon elevated water storage tank and repainting of the 5 million gallon ground storage tank at Pearson Pump Station. C. Authorize the Mayor to execute a Residential Developer's Agreement for The Enclave, a 13 lot addition located on the east side of Randol Mill Avenue, approximately 500' feet south of Dove Street. D. Authorize the Mayor to execute a contract with Tarrant County for the pavement rehabilitation on North Pearson Lane from West Southlake Boulevard to Florence Road, North Peytonville Avenue from West Southlake Boulevard to Ravens Bend and Shady Oaks Drive from West Southlake Boulevard to Durham Elementary School. E. Award of bid for sports officiating and scorekeeping services. F. Approve a name for the proposed dog park to be located in Bob Jones Park. G. Authorize the Mayor to acquire an easement for Timarron trail connection. H. Approve matching funds request from Southlake Girls Softball Association (SGSA) for purchase and construction of a playground at Bob Jones Park. I. ZA05-065, Plat Revision for The Enclave, being a revision of Lot 3, Block 1, W.H. Martin No. 1068 Addition; to include Tracts 1,2, 4Al and 4D, W. Martin Survey, Abstract No. 1068; and Tracts 2A, 2Al, 2A6, and 2A7, C. Dart Survey, Abstract No. 2003. The property is located at the southeast intersection of Randol Mill Avenue and Dove Road; being 2185 and 2195 I I. I I I I I I I I. I I I I I I I Ie I . City of Southlake City Counell meeting agenda July 19, 200S Page 30f 7 North Randol Mill Avenue, and 1340 Robin Lane. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. J. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 887, 2nd Reading, Appoint a Municipal Judge and authorize the Mayor to execute an agreement with the Municipal Judge and provide an effective date. PUBLIC HEARING B. Ordinance No. 888, 2nd Reading, Amending Article IV of Chapter 2 of the Code of Ordinances by establishing a new division relating to purchasing procedures. PUBLIC HEARING C. Ordinance No. 480-459, 2nd Reading (ZA05-024), Zoning Change and Concept Plan for proposed Lots 1-11 and 13, Miracle Pointe, being legally described as a portion of Tract 6Kl, J.H. Freeman Survey, Abstract No. 529. The property is located at 2200 Crooked Lane. Current Zoning: 1-1 Light Industrial District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #7. PUBLIC HEARING D. Ordinance No. 480-460, 2nd Reading (ZA05-025), Zoning Change and Site Plan for proposed Lot 12, Miracle Pointe, being legally described as a portion of Tract 6Kl, J.H. Freeman Survey, Abstract No. 529. The property is located at 2200 Crooked Lane. Current Zoning: 1-1 Light Industrial District. Requested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING E. ZA05-026, Preliminary Plat for proposed Lots 1-13, Miracle Pointe located at 2200 Crooked Lane. Current Zoning: 1-1 Light Industrial District. Proposed Zoning: SF-20A Single Family Residential District and S-P-l Detailed Site Plan District. SPIN Neighborhood #7. F. Resolution No. 05-034, (ZA05-055) Specific Use Permit for a studio designed for the practice, education or training in music at For Those About to Rock School located at 985 North Carroll Avenue. Current Zoning: C-l Neighborhood Commercial District. SPIN Neighborhood #6. PUBLIC HEARING I I. I I I I I I I I. I I I I I I I Ie I City of Soutblake City Council meeting agenda July 19, 2005 Page 4 of7 G. Resolution No. 05-035, (ZA05-056) Specific Use Permit for the sale of alcoholic beverages at Severine's located at 621 East Southlake Boulevard, Suite A. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #ge. PUBLIC HEARING H. Resolution No. 05-036, (ZA05-057) Specific Use Permit for the sale of alcoholic beverages at Buster's Mexican Grill located at 2707 East Southlake Boulevard, Suite 100. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. PUBLIC HEARING I. Resolution No. 05-026, Adoption of the Consolidated Future Land Use Plan as a component of the Southlake 2025 Plan, the Comprehensive Master Plan for the City of Southlake. PUBLIC HEARING J. Resolution No. 05-027, Adoption of the Consolidated Mobility and Master Thoroughfare Plan as a component of the Southlake 2025 Plan, the Comprehensive Master Plan for the City of Southlake. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-461, 1st Reading (ZA05-048) Zoning Change and Concept Plan for Sandlin Manor, on property being approximately 14.25 acres and being legally described as Lot 1, Block 1, Sandlin Estates. The property is located at 400 Chapel Downs Drive West. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #10. (If approved on first reading, the public hearing will be held on August 2,2005.) B. Ordinance No. 480-462, 1 st Reading (ZA05-058) Zoning Change and Development Plan for The Cliffs; being Tracts 1B and lA, W. Mills Survey, Abstract No. 1086; Tract 3, W. Mills Survey, Abstract No. 877D; Tract 2, W. Medlin Survey, Abstract No. 1958; and Tract 4, W. Medlin Survey, Abstract No. 1588D, located on the west side of the 3800 block of North White Chapel Boulevard and the east side of the 3900 block of T.W. King Road. Current Zoning: AG Agricultural District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #1. (If approved on first reading, the public hearing will be held on August 2, 2005.) C. Ordinance No. 480-463, 1 st Reading (ZA05-063) Zoning Change and Development Plan for Estes Park Phase N; being Lot 1, Block 1, Larkin H. Chivers No. 300 Addition; Lots 1 and 2, Block 1, Callicott/Rhodes Farms; and Tracts 1A3, 1B3A, and IB3B, A. Chivers Survey, Abstract No. 300, located approximately 405' east from the southeast comer of 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 July 19, 2005 Page 5 of7 East Dove Road and North White Chapel Boulevard Current Zoning: RE Residential Estate District, AG Agricultural District, and SF-IA Single Family Residential District. Requested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #5. (If approved onfirst reading, the public hearing will be held on August 2,2005.) D. Ordinance No. 480-445a, 1 st Reading (ZA05-070) Zoning Change and Site Plan for Shady Oaks Offices located at 600 - 660 West Southlake Boulevard; being at the northwest comer of the intersection of West Southlake Boulevard and Shady Oaks Road. Current Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses. Requested Zoning: S-P-I Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #12. (If approved on first reading, the public hearing will be held on August 2,2005.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Consider SP05-173, Variance to the Sign Ordinance 704-B for Rapid Refill Ink located at 3300 State Highway 114, Suite 103. 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, July 15, 2005, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. c1u ~ """OUTH;~' . a ~......",!< ~........;;:'t"~" .A. ~o...~ ~ ~.).. · 'f''''~ Lori A. Farwell, T C ~ t:/ * :~~ C. S : o. : >: Ity ecretary ; \ I 0! .,.. ... ~ ... ... ~ ~, .......... ,~ If you plan to attend this public meeting aFtd,~<< d~(f8ility that requires special needs, please advise the City Secretary's Office 48 hourl"'IIf"N:Jvance at 817-748-8016 and reasonable accommodations will be made to assist you. I I. I I I I I I I I. I I I I I I I Ie I . City of Southlake City Council meeting agenda July 19, 2005 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 of Southlake vs. Timarron et.al. May 2001. 2. Steve L. Perry and Aline Perry vs. City ofSouthlake. November 2003. 3. R.E. and Marilyn Smith vs. City of South lake. December 2003. 4. James Lancaster and wife, Catherine Lancaster vs. Gary M. Gordon d/b/a Gordon Taylor Custom Homes, Carleo A. Capili and wife, Regina Capili and John R. Griggs and wife, Sally Griggs, Jill T. Gordon, and City ofSouthlake. July 2004. 5. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City of Southlake. March 2005. Section 551.072: Deliberation ree:ardine: real property 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: prospective 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: personnel 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 develooment ne2otiations 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 I. I I I I I I I I- I City of Southlake City Council meeting agenda July 19,2005 Page 70f7 Section 418.183(fl: 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(dl & (el: Local meetin2s to discuss emer2encv mana2ement plans re2ardin2 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 I. I I I I I I I Ie I I I I I I I. I I omclAL RECORD CITY OF SOUTBLAKE REGULAR CITY COUNCIL MEETING MINUTES: JULY 19. 2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Keith Shankland, Deputy Mayor Pro Tern Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Interim Deputy City Manager Charles Kiefer, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim Bush, Administrative Secretary Diana Smith, City Manager Office Intern Matthew Kotter, Manager of Technical Services Gary Gregg, Information Systems Technician Sam Cobb, Library Administrator Kerry McGeath, Director of Community Services Malcolm Jackson, Deputy Director of Community Services Steve Polasek, Senior Parks Planner Chris Carpenter, Recreation Supervisor Steve Moore, Director of Economic Development Greg Last, Director of Finance Sharen Elam, Manager of Courts and Utility Billing Sean Leonard, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis Killough, Interim Director of Public Safety Rick Smith, Chief of Fire Services Robert Finn, Interim Chief of Police Services Marlin Price, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, Public Works Operations Manager Chuck Kendrick, City Attorney E. Allen Taylor, and Deputy City Secretary Tara Brooks. WORK SESSION: The work session was called to order by Mayor Wambsganss at 5:34 p.m. City Council reviewed the agenda items with city staff and applicants. Agenda items 71 to table to the August 2, 2005 City Council meeting and lOA were added to the consent agenda. The work session ended at 5:52 p.m. REGULAR SESSION: Agenda Item No.1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:52 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced the City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with 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 5:52 p.m. Executive Session began at 6:20 p.m. and ended at 7:10 p.m. REGULAR CITY COUNCIL MEETING MINUTES, JULY 19, 2005 Page 1 of 13 I I. I I I I I I I I. I I I I I I I. I I Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:11 p.m. Agenda Item No.3. Invocation. The invocation was given by Scott Berry, from First Baptist Church. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4A. Mavor's Reoort. Mayor Wambsganss announced upcommg meetings and events. Agenda Item No. 4B 1. Introduction of new Public Works Operations Manager. City Manager Yelverton introduced Chuck Kendrick as the new Public Works Operations Manager and thanked Deputy Director Steve Polasek for his work in both Public Works and Community Services over the past several months. Agenda Item No. 4B2. Introduction of new Police Chief. City Manager Yelverton introduced Wade Goolsby as the new Chief of Police Services and thanked Interim Chief of Police Services Marlin Price for coming out of retirement to serve for the past couple of months. City Manager Yelverton also announced that Interim Deputy City Manager Charles Keifer's last day will be July 29, 2005 and thanked him for coming out of retirement to work here for the last six months. Agenda Item No. 4C. Financial Report. A written report was given to Council. Agenda Item No. 4D. Park and Recreation Board Report. Park and Recreation Board Member Mike Mills updated the Council on park activities and upcoming events. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. 5A. Approve the minutes for the June 16 and 17. 2005. June Retreat and the June 21. 2005. Regular Citv Council meeting. Approved as presented. Agenda Item No. 5B. Reauest Citv Council to consider relecting all bids for "2005 Water Svstem Improvements" for the construction of a 1.5 million gallon elevated water storage tank and reoainting of the 5 million gallon ground storage tank at Pearson Pump Station. Mayor Wambsganss announced this item will be tabled to the August 2, 2005 City council meeting. Agenda Item No. 5C. Authorize the Mavor to execute a Residential Developer's Agreement for The Enclave. a 13 lot addition located on the east side of Randol Mill Avenue. a\,>proximately 500' feet south of Dove Street. Approved as presented. Agenda Item No. 5D. Authorize the Mavor to execute a contract with Tarrant Countv for the pavement rehabilitation on North Pearson Lane from West Southlake Boulevard to REGULAR CITY COUNCIL MEETING MINUTES, JULY 19, 2005 Page 2 of 13 I I. I I I I I I I I. I I I I I I I. I I Florence Road. North Pevtonville Avenue from West Southlake Boulevard to Ravens Bend and Shady Oaks Drive from West Southlake Boulevard to Durham Elementarv School. Approved as presented. Agenda Item No. 5E. Award of bid for sports officiating and scorekeeoing services. Approved as presented. Agenda Item No. 5F. Annrove a name for the nronosed dog nark to be located in Bob Jones Park. Deputy Director Polasek presented this item to Council during the work seSSIon. Agenda Item No. 5G. Authorize the Mayor to acQuire an easement for Timarron trail connection. Approved as presented. Agenda Item No. 5H. Annrove matchin~ funds reauest from Southlake Girls Softball Association (SGSA) for nurchase and construction of a nlayground at Bob Jones Park. Approved as presented. Agenda Item No. 51. ZA05-065. Plat Revision for The Enclave. being a revision of Lot 3. Block 1. W.H. Martin No. 1068 Addition; to include Tracts 1. 2. 4Al and 4D. W. Martin Survey. Abstract No. 1068; and Tracts 2A. 2A1. 2A6. and 2A 7. C. Dart Survey. Abstract No. 2003. The pronerty is located at the southeast intersection of Randol Mill Avenue and Dove Road; being 2185 and 2195 North Randol Mill Avenue. and 1340 Robin Lane. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. Agenda Item No. 5J. Ordinance No. 480-451. 1st Reading (ZA04-1Ol). Zoning Change for Tracts lAIA2. and lAIA2D. RJ. Foster Survey. Abstract No. 519. The pronertv is located on the north side of Gifford Court. annroximately 300 feet east of Randol Mill Avenue. Current Zoning is AG Agricultural District. Requested Zoning is SF-IA Single Family Residential District. SPIN Neighborhood #12. This item will be tabled to the August 2, 2005 City Council meeting. Agenda Item No. 5K. Consider excusing members of the City Council and of the Planning and Zoning Commission for absences from meetings. Mayor Wambsganss presented this item to Council. Mayor Pro Tem Shankland was absent from the June 21, 2005 City Council meeting and Commissioner Mike Springer was absent from the July 7, 2005 Planning and Zoning Commission meeting. Motion was made to approve consent agenda items 5A; 5B to table to the August 2, 2005 meeting; 5C; 5D; 5E; SF naming the new dog park Boo Boo's Buddies Community Dog Park; 5G; 5H; 51 subject to Plat Review Summary No.2, dated July 1, 2005; 5J to table to the August 2, 2005 meeting; 5K to excuse the absences of Mayor Pro Tem Shankland from the June 21, 2005 City Council meeting and Commissioner Mike Springer from the July 7,2005 Planning and Zoning Commission meeting; 71 to table to the August 2, 2005 meeting; and lOA. REGULAR CITY COUNCIL MEETING MINUTES, JULY 19, 2005 Page 3 of 13 I I. I I I I I I I I. I I I I I I I. I I Motion: Second: Ayes: Nays: Approved: Muzyka Terrell Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss None 7-0 REGULAR AGENDA: Agenda Item No.6. Public Forum. Orville Earhart, 2301 Research Forest Drive, The Woodlands, Texas addressed Council regarding the rejection of the bids for the "2005 Water System Improvements." Agenda Item No. 7A. Ordinance No. 887. 2nd Reading. Appoint a Municinal Judge and authorize the Mavor to execute an agreement with the Municinal Judge and provide an effective date. Mayor Wambsganss 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 OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPOINTING A MUNICIPAL JUDGE AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE MUNICIPAL JUDGE; AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 887, 2nd Reading, appointing Carol Montgomery for two years with a salary of $3,381.30. Motion: Shankland Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7B. Ordinance No. 888. 2nd Reading. Amending Article IV of Chanter 2 of the Code of Ordinances bv establishing a new division relating to nurchasing procedures. Director Elam 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 OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING ARTICLE IV OF CHAPTER 2 OF THE CODE OF ORDINANCES BY ESTABLISHING A NEW DIVISION RELATING TO PURCHASING PROCEDURES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, JULY 19, 2005 Page 4 of 13 I II. I I I I I I I I I. I I I I I I I. I I No one spoke during the public hearing. Motion was made to approve Ordinance No. 888, 2nd Reading. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7C. Ordinance No. 480-459. 2nd Reading (ZA05-024). Zoning Change and Concept Plan for proposed Lots 1-11 and 13. Miracle Pointe. being legally described as a portion of Tract 6Kl. IH. Freeman Survey. Abstract No. 529. The property is located at 2200 Crooked Lane. Current Zoning: I-I Light Industrial District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council in conjunction with agenda items 7D and 7E. Applicant J.F. Denis, 2741 Springhill Drive, Grapevine, Texas, answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this term 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 A PORTION OF TRACT 6Kl, SITUATED IN THE IH. FREEMAN SURVEY, ABSTRACT NO. 529, BEING APPROXIMATELY 7.08 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I-I" LIGHT INDUSTRIAL DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT, 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. REGULAR CITY COUNCIL MEETING MINUTES, JULY 19, 2005 Page 5 of 13 I I. I I I I I I I I. I I I I I I I. I I No one spoke during the public hearing. Motion was made to approve Ordinance No. 480-459, 2nd Reading (ZA05-024), Zoning Change and Concept Plan for proposed Lots 1-11 and 13, Miracle Pointe, subject to the Planning and Zoning Commission's recommendations, and first reading of City Council on June 21,2005; requiring the planting of three additional trees per lot of 3"- 4" caliper, understanding if there are already two trees in the front yard of 3"- 4" caliper the three trees can be placed at the homeowner's discretion and making this requirement part of the deed restrictions; requiring the entry feature to be similar to the rendering presented and requiring approximately 30' from the entry feature on both sides will be a fence that will be similar to the Cambridge Place addition's fencing; requiring the temporary turn around to appear permanent with either the use of paved stones, that meet City standards, or utilizing the same material the stryet is constructed of; requiring the developer to work with the adjacent property owners for a fencing agreement; and subject to Concept Plan Review Summary No.3, dated June 3, 2005. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7D. Ordinance No. 480-460. 2nd Reading (ZA05-025). Zoning Change and Site Plan for proposed Lot 12. Miracle Pointe. being legallv described as a l'ortion of Tract 6Kl. J.H. Freeman Survey. Abstract No. 529. The property is located at 2200 Crooked Lane. Current Zoning: 1-1 Light Industrial District. Reauested Zoning: S-P-l Detailed Site Plan District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council in conjunction with agenda items 7C and 7E. Applicant J.F. Denis, 2741 Springhill Drive, Grapevine, Texas, answered Council's questions. In accordance with Section 4.21 ofthe City Charter, the caption for this term is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSNE 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 A PORTION OF TRACT 6Kl, SITUATED IN THE J.H. FREEMAN SURVEY, ABSTRACT NO. 529, BEING APPROXIMATELY 0.914 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHffilT "A" FROM "I-I" LIGHT INDUSTRIAL DISTRICT TO "S-P-l" DETAILED SITE PLAN DISTRICT WITH "0-1" OFFICE DISTRICT USES, AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHffiIT "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 REGULAR CITY COUNCIL MEETING MINUTES, JULY 19, 2005 Page 6 of 13 I I. II I I I I I I I. I I I I I I I. I I 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. 480-460, 2nd Reading (ZA05-025) Zoning Change and Site Plan for proposed Lot 12, Miracle Pointe, subject to the first City Council motion on June 21, 2005; changing the note that states "screen building with plant material" to include evergreen material that will be 5' to 6' at planting with approximate 10' centers; and subject to Concept Plan Review Summary No.3, dated June 3, 2005. Motion: Second: Ayes: Nays: Approved: Jones Terrell Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss None 7-0 Agenda Item No. 7E. ZA05-026. Preliminary Plat for proposed Lots 1-13. Miracle Pointe located at 2200 Crooked Lane. Current Zoning: I-I Light Industrial District. Proposed Zoning: SF-20A Single Familv Residential District and S-P-l Detailed Site Plan District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council in conjunction with agenda items 7C and 7D. Applicant J.F. Denis, 2741 Springhill Drive, Grapevine, Texas, answered Council's questions. Motion was made to approve ZA05-026, Preliminary Plat for proposed Lots 1-13, Miracle Pointe, subject to Planning and Zoning Commission's recommendations including stipulations regarding plantings and controlling zoning; and subject to Plat Review Summary No.3, dated June 3, 2005. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7F. Resolution No. 05-034. (ZA05-055) Sl'ecific Use Permit for a studio designed for the practice. education or training in music at For Those About to Rock School located at 985 North Carroll Avenue. Current Zoning: C-l Neighborhood Commercial District. SPIN Neighborhood #6. Chief Planner Killough presented this item to Council. Applicant Michael Mroz, 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 A STUDIO DESIGNED FOR REGULAR CITY COUNCIL MEETING MINUTES, JULY 19, 2005 Page 7 of 13 I I. I I I I I I I I. I I I I I I I. I I THE PRACTICE, EDUCATION OR TRAINING IN MUSIC ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 2, OAKS ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. Chris Nietenhoefer, 1339 White Way Court, Southlake, Texas, spoke in support. Chris Clark from Cencor Realty, 31 02 Maple #500, Dallas, Texas, spoke in support. Mayor Wambsganss closed the public hearing. Motion was made to approve Resolution No. 05-034 (ZA05-055), Specific Use Permit for a studio designed for the practice, education or training in music at For Those About to Rock School, subject to the Planning and Zoning Commission's recommendation. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 7G. Resolution No. 05-035. (ZA05-056) Specific Use Permit for the sale of alcoholic beverages at Severine's located at 621 East Southlake Boulevard. Suite A. Current Zonin~: R-PUD Residential Planned Unit Develooment District. SPIN Neighborhood #ge. Chief Planner Killough presented this item to Council. Applicant Jean Michel Sakouhi, answered Council's questions. Councilmember Jones stated he was recusing himself from voting on this item. A Conflict of Interest Affidavit form was filed with the City Secretary's Office. 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 THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 621 E. SOUTHLAKE BOULEVARD, SmTE A, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 3R, BLOCK 60, TIMARRON ADDITION PHASE 5, 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. Mayor Wambsganss opened the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, JULY 19, 2005 Page 8 of 13 I I. I I I I II I I I. I I I I I II I. I I Ruben Reynoso, spoke in support. Mayor Wambsganss closed the public hearing. Motion was made to approve Resolution No. 05-035, (ZA05-056), Specific Use Permit for the sale of alcoholic beverages at Severine's, subject to the term of the lease. Motion: Terrell Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Abstains: Jones Approved: 6-0-1 Agenda Item No. 7H. Resolution No. 05-036. (ZA05-057) Soecific Use Permit for the sale of alcoholic beverages at Buster's Mexican Grill located at 2707 East Southlake Boulevard. Suite 100. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #7. Chief Planner Killough presented this item to Council. Joel Rich, 2317 Wild Goose Lane, Arlington, Texas represented the applicant and 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 THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2707 E. SOUTHLAKE BOULEVARD, SUITE 100, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 1, BLOCK A, SHAFER PLAZA XXV, MORE FULLY AND COMPLETELY DESCRIBED IN EXHmIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHmIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 05-036 (ZA05-057), specific use permit for the sale of alcoholic beverages at Buster's Mexican Grill, subject to the term of the lease. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 71. Resolution No. 05-027. Adoption of the Consolidated Mobility and Master Thoroughfare Plan as a component of the Southlake 2025 Plan. the Comorehensive Master Plan for the City of Southlake. Director Baker presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, JULY 19, 2005 Page 9 of 13 I I. I I I I I I I I. I I I I I I I. I I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, ADOPTING THE MOBILITY AND MASTER THOROUGHFARE PLAN, AS AN ELEMENT OF SOUTHLAKE 2025 PLAN, THE CITY'S COMPREHENSNE MASTER PLAN. No one spoke during the public hearing. Motion was made to approve Resolution No. 05-027, Consolidated Mobility and Master Thoroughfare Plan, as presented. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss called for a break at 8:57 p.m. Mayor Wambsganss reconvened the meeting at 9:11 p.m. Agenda Item No. 8A. Ordinance No. 480-461. 1st Reading (ZA05-048) Zoning Change and Conceot Plan for Sandlin Manor. on property being approximatelY 14.25 acres and being legally described as Lot 1. Block 1. Sandlin Estates. The property is located at 400 Chapel Downs Drive West. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #10. Chief Planner Killough presented this item to Council. Applicant Kosse Maykus, 722 Edward Court, Southlake, Texas made a presentation on this item and answered Council's questions. Mayor Wambsganss allowed the public to speak. Edward Bartholomae, 285 West Chapel Downs Drive, Southlake, Texas, spoke in support of this item, but stated he was opposed to the proposed right-of-way reservation. Renee Bartholomae, 285 West Chapel Downs Drive, Southlake, Texas, did not wish to speak, but recorded her support for the plan and her opposition to the proposed right-of- way reservation. Sam Timothy, 685 Truelove Trail, Southlake, Texas, stated he was in support of the plan as long as there was no right-of-way reservation and there were proper controls over the emergency exit. Bryan David, 580 Oak Hill Driye, Southlake, Texas spoke in support of this item, but stated he was opposed to the right-of-way reservation. Van Williams, 125 West Chapel Downs Drive, Southlake, Texas, spoke in support of this item, but stated he was opposed to the right-of-way reservation. REGULAR CITY COUNCIL MEETING MINUTES, JULY 19, 2005 Page 10 of 13 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. 480-461, 1st Reading (ZA05-048), Zoning Change and Concept Plan for Sandlin Manor, subject to the Planning and Zoning Commission's recommendations but removing the requirement of the right-of-way reservation; requiring the fencing along street lines to be wrought iron, the fencing facing the streets to be wrought iron, the fencing along the boundary with the school to be wrought iron with green screening, and the fencing along the drainage easement to be wrought iron; requiring sidewalks on the front of the lots along the street; requiring the 30' emergency access strip to have a remote restricted access, with a gate at Shady Oaks, including appropriate signing noting this is not a thru street, with a knox box for emergency access, and subject to Concept Plan Review Summary No.2, dated June 17, 2005. Motion: Second: Ayes: Nays: Approved: Jones Terrell Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss None 7-0 Agenda Item No. 7B. Ordinance No. 480-462. 1st Reading (ZA05-058) Zoning Change and Development Plan for The Cliffs~ being Tracts IB and lA. W. Mills Survev. Abstract No. 1086~ Tract 3. W. Mills Survey. Abstract No. 877D~ Tract 2. W. Medlin Survev. Abstract No. 1958~ and Tract 4. W. Medlin Survev. Abstract No. 1588D. located on the west side of the 3800 block of North White Chapel Boulevard and the east side of the 3900 block of T.W. King Road. Current Zoning: AG Agricultural District. Reauested Zoning: R-PUD Residential Planned Unit Development District. Chief Planner Killough presented this item to Council. Applicant Paul Spain, from Terra Land Development, 2200 Estes Park Lane, Southlake, Texas made a presentation on this item and answered Council's questions. Motion was made to approve Ordinance No. 480-462, 1st Reading (ZA05-058), Zoning Change and Development Plan for The Cliffs, subject to the Planning and Zoning Commission's recommendations and Development Review Summary No.2, dated July 1, 2005; noting that prior to second reading the developer will work with staff to determine the proper widths of the northern open space above the five lots on the east side and the width of the southern most lot on the east side; and noting the developer will change the wording on the plan from "City Park" to "Open Space." Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Mayor Wambsganss called for a break at 10:56 p.m. Mayor Wambsganss reconvened the meeting at 11 :08 p.m. REGULAR CITY COUNCIL MEETING MINUTES, JULY 19, 2005 Page 11 of 13 I I. I I I I I II I I I. I I I I I I I Ie I Agenda Item No. 8C. Ordinance No. 480-463. 1 st Readin~ (ZA05-063) Zoning Change and Develonment Plan for Estes Park Phase N: being Lot 1. Block 1. Larkin H. Chivers No. 300 Addition: Lots 1 and 2. Block 1. CallicottJRhodes Farms: and Tracts lA3. IB3A. and IB3B. A. Chivers Survey. Abstract No. 300. located apnroximatelv 405' east from the southeast comer of East Dove Road and North White Chanel Boulevard Current Zoning: RE Residential Estate District. AG Agricultural District. and SF-IA Single Family Residential District. Reauested Zoning: R-PUD Residential Planned Unit Develo"ment District. SPIN Neighborhood #5. Chief Planner Killough presented this item to Council. Applicant Paul Spain from Terra Land Development, 2200 Estes Park Lane, Southlake, Texas made a presentation on this item and answered Council's questions. Motion was made to approve Ordinance No. 480-463, 1st Reading (ZA05-063), Zoning Change and Development Plan for Estes Park Phase N, subject to the Planning and Zoning Commission's recommendations; and subject to Development Plan Review Summary No. 2, dated July 1, 2005. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 8D. Ordinance No. 480-4453. 1 st Reading (ZA05-070) Zoning Change and Site Plan for Shady Oaks Offices located at 600 - 660 West Southlake Boulevard: being at the northwest comer of the intersection of West Southlake Boulevard and Shady Oaks Road. Current Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses. Requested Zoning: S-P-l Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #12. Chief Planner Killough presented this item to the Council. Applicant, Jerry Parmer, 892 Meadow Hill Road, Fort Worth, Texas answered Council's questions. Motion was made to approve Ordinance No. 480-44530 1 st Reading (ZA05-070) Zoning Change and Site Pan for Shady Oaks Offices requiring that before the second reading the applicant will submit landscape architectural designs showing vine plantings to cover the covered parking and incorporating trellis woodwork in each covered parking structure. Motion: Terrell Second: Shankland Ayes: Hill, Jones, Morris, Muzyka, Shankland, Terrell, Wambsganss Nays: None Approved: 7-0 Agenda Item No. 12. Meeting adiourned. Mayor Wambsganss adjourned the meeting at 11 :52 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. REGULAR CITY COUNCIL MEETING MINUTES, JULY 19, 2005 Page 12 of 13 I I. I I I I I I I I I Ie I I I I I I I. I I - /An~~ Mayor ATTEST: iJu2~ Tara Brooks Deputy City Secretary REGULAR CITY COUNCIL MEETING MINUTES, JULY 19, 2005 Page 13 of 13 CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § COUNTY OF ARRANT § I, 6564 t rC) as a member of the (�/ /a/A. L of the City of Southlake, make this affidavit and hereby on oath state the following: I, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity, have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and/or City of Southlake Ordinance No. 635 and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: >Q 6r COMPLETE (A) or (B): (A) The business entity is /mil ("/ES (name); or (B) The real property is located at: I have a substantial interest because I, my spouse, and /or a person or persons related to me within the first degree of consanguinity or affinity have the following relationship to the business entity or real property which will likely be affected by the vote on the above - referenced agenda item: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Hold a position of member of the board of directors or other governing board of the business entity. Serve as an elected officer of the business entity. An employee of the business entity. Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Have an equitable or legal ownership of real property with a fair market value of at least $2,500. Other: YLp OAJ l Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision and from any further participation by discussion or debate regarding the above - referenced agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in question is being addressed or as soon as racticable once I realized a potential conflict exists. Signed this day of , 20 V7*-- maw. ►�u�,►i��l��� ignat. M., The State of Texas § County of Tarrant § Before me, — 60 - 6,06-5 , on this • ay personally appeared Gre4orq Sam known to me (or proved to me on the oath of age& or through L�JJ UU (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and, after first being by me duly sworn, stated that the statements made in this affidavit are within his personal knowledge and are true and correct. Given under my hand and seal of office this 111.6 day of Stit� , ZO�j . A � J ```\`����►rurnrrrrr / /,, • (SEAL) `��R P • 1i BR� �' /� /,, do * • 4 P Notary Public in and for the State of Texas } ' ylr Severine's is pleased to present it's French Dining Experience to Southlake Jean Michel Sakouhi is pleased to introduce his newest fine dining experience to the City of Southlake Planning & Zoning Commission and the City Council & Mayor; Severine's. A fusion between Jean Michel's renowned French restaurants known throughout Dallas & Fort Worth; Paris Bistro, The Balcony on Fort Worth's Camp Bowie Boulevard, La Touraine a French country experience, and Tramontana a French Bistro. Severine's name comes from Jean Michel's wife of five (5) years and it means "lavender ". This purple flower is all over the southern region of France in the Avignon area of Province. Severine's is a family business and just this past June Jean Michel and his family relocated from Dallas to this area to be close to his new restaurant, Severine's. The eclectic menu which is attached will be composed of continental entrees unique for the Southlake market area. The atmosphere will be elegant, amiable, and quaint and Jean Michel himself will be in the restaurant as the operator proprietor. Renowned restaurant architect John Wheeler will be completing the actual floorplan for Severine's. A preliminary plan is included in this package only for representative purposes outlining the spacious dining area and small bar area where diners will be able to wait for their table during busy lunch and dinner times and the bar will also act as the service area for the restaurant staff for soft drinks, tea and other drinks. Jean Michel plans to utilize the existing entry and the existing kitchen so there will be minimal changes to these areas. The most dramatic change to the existing plan will be the reduction of the existing bar area and expansion of the dining area. Severine's is please to offer its unique French dining experience to the discriminating diners of Southlake. The proposed location has seen several restaurants come and go. Severine's & Jean Michel has the formula for success: Severine's has the concept, the personality (Jean Michel), and the menu and Southlake has the discriminating customers, the great location for Severine's, the family atmosphere. BEGINNINGS Fondue Swiss 2.95 O eiytt a! 1 a ec Recipe (gLe gaK,f',iana) Escargots Bourguignons 7.95 &t ea §a4ic & 5G4L fmatet Smoked Scottish Salmon 9.95 �eem iM.n. 6a, on. , .r17. & aated gacj erk Sauteed Crab Cake on Field Greens 8.95 Sauce aetnaafaae Brie Ile de France C 7.50 gaicea. geie on. Pea 4 S *nix Cheese Plate 8.50 SALADS Boston Bibb Lettuce 5.50 S ax/ilea ,ar. ° W aftvn Teenaina Beef Steak Tomatoes Mozzarella 7.50 Uon14x0e4 & Oto eteem, Severine's Caesar CC 5.95 0 416 V era Severine'sHouse Salad rn 5.15 fni,x 4 �ieta geeena 4taft. awc glafcatu . eeedi,+143. SOUPS French Onion 5.50 P1etatia,,d O eeat alas ,9.i tii &m ere &Rae Soup of the Day 4.95 0,4 Chian. SPECIALITES MAISON Tournedos of Beef Jean- Michel 24.95 gauua.La „zits. ga tread UJaz Filet Goulash a la Minute 18.95 CJenaeZi.n. 44, ✓ in,oam4, E41944tiay. C742444e & $ h Veal Neptune Severine's 23.95 6auteea g3uxtet 44i/IL gm, Ul'atec 6/144n & aiiatrw.iae 6au,ce Calf's Liver Lyonnaise 17.95 PJa sea 491 4, exmanteti5ea Onion. Chateaubriand (for Two) 58.95 &oleic cut aentleicioiti, 444 aaaottea Ve dea and g3ecunaiae &Ace Rack of Lamb Provencal (for One) 27.95 Tian. IEtiaaca & &tea +a+.tL ateaa awn&. (for Two) 55.95 FROM THE BROILER Filet Mignon "Madame Severine" -6 oz 21.95 6erAlea 6autoea ✓' MJuoorno. -10 oz 27.95 Pork Tenderloin Normandy 17.95 �y 17.95 `c Plmva v tv & oax., eot „yin enxea .2 ,4. &�came4i " r fea. Chicken Breast Monaco �/'q p� (, p 16.95 btu ff ea +ii t& J n lltLea t & 4a ✓K Cfuaam FROM THE SEA Atlantic Saimon v CC 17.50 g aac tea ac g q as C�Ja1.an. 2emon,eaniet4 5au,ce Spanish Fresh Water Shrimp 25.95 atoif a „zi tR ga�i c & Lunt. G c auze. Lemon Sole Filet, �� ��W V onte- C 19.50 V a uleea 4a. a p' tutu u es, �r Q Loma All Entrees include Chef's Fresh Vegetable Selection and Sauce . • C-1 SITE PLAN ?7.L - ... _..... 4. Exit z' llonr 1- 0 ft la I& 7Z-5 Dishwash . ,.._ . 0 1 . 1 tn 15 mop fril.' ER 0 .p „ 0 1 (CN — omen ' , il .."----- 1 5 20s--4 X 28' . . Men i # ._.../ AL. . •• ,,„,c, 0 , C,. -...N.. I 0 ,.... 0 .2. •c ; P 0 0 i 0 I 0 ell 1, (05 ,1 r _ i ea i 1 r -- 1 I- i / Foyer ■ --,--- _ —...., North Scale -1 /8"=1 lip ■1/4J