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2005-08-02 Regular CC Meeting I I. I I I I I I I Ie I I I I I I II I I I I- ii I CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: AUGUST 2. 2005 LOCATION: 1400 Main Street, Southlake, 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 foUowme: 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(t), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held. under these exceptions. at the end of the Ree:ular Session or at any time durme: the meetine: that a need arises for the City Council to seek advice from the City Attornev as to the posted subiect matter of this City Council meetine:. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding Gifford CourtJEnterprise Drive issues. 2. Section 551.087: Deliberation ree:ardme: economic development nee:otiations a. Consider amendments to incentives, development and related agreements regarding Town Square, Grand Avenue Addition b. Economic incentives for businesses. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: David Whitington, Christ Our King Church 4. REPORTS: A. Mayor's Report 1. Dedication of new fire truck 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 August 2, 2005 Page 2 of8 B. City Manager's Report C. School Board Reports 1. Carroll Independent School District 2. Grapevine/Colleyville Independent School District 3. Keller Independent School District 4. Northwest Independent School District 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 July 19,2005, regular City Council meeting. B. Resolution No. 05-039, appointments to the SPIN Standing Committee. C. Approve the tax collection agreement with Tarrant County. D. Authorize the Mayor to execute a lease agreement with Cingular for the placement of wireless communication antennas on the Bicentennial Park water tower. E. Reject all bids for "2005 Water System Improvements" for the construction of a I.S million gallon elevated water storage tank and repainting of the 5 million gallon ground storage tank at Pearson Pump Station. F. Consider request for funding for Liberty Garden Phase II to include SPDC Matching Funds and other funding sources. G. Resolution No. OS-038, requesting the widening of White Chapel Boulevard and the construction of trails along the roadway be included as a project in the Tarrant County 2006 Transportation Bond Program. H. Resolution No. 05-040, requesting the construction of the FM 1709/Pearson Lane/Union Church Road intersection be included as a project in the 2006 Tarrant County Transportation Bond Program. I. ZA05-037, Plat Revision for proposed Lots SRI through SR3, T.M. Hood No. 706 Addition, being a revision of Lot S, T.M. Hood No. 706 Addition. 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 August 2, 2005 Page 3 of8 The property is located at 331 West Highland Street. Current Zoning: SF- lA Single Family Residential District. SPIN Neighborhood #10. 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: AG Agricultural District. Requested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. THIS ITEM WILL BE TABLED TO THE AUGUST 16, 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. Resolution 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 B. Ordinance No. 480-461, 2nd 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. PUBLIC HEARING C. ZA05-049, Preliminary Plat for proposed Sandlin Manor, being a replat of Lot 1, Block 1, Sandlin Estates. The property is located at 400 Chapel Downs Drive West. Current Zoning: AG Agricultural District. Proposed Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #10. D. Ordinance No. 480-462, 2nd 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. PUBLIC HEARING 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 August 2, 2005 Page 4 of 8 E. ZA05-059, Preliminary Plat for proposed 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. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #1. F. Ordinance No. 480-463, 2nd 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, CallicottJRhodes Farms; and Tracts lA3, IB3A, and IB3B, A. Chivers Survey, Abstract No. 300, located approximately 405 feet east of 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. PUBLIC HEARING G. ZA05-064, Preliminary Plat for proposed Estes Park Phase IV; 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 approximately 405 feet east of 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. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #5. H. Ordinance No. 480-445a, 2nd 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. PUBLIC HEARING 8. Ordinances, first readings, and related items: A. Ordinance No. 480-424a, 18t Reading, (ZA05-012), Zoning Change and Site Plan for White Chapel Plaza Office Park; located at 1310 North White Chapel Boulevard. 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 #11. (If 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 August 2, 2005 Page 50f8 approved on first reading, the public hearing will be held on August 16, 2005.) 9. Resolutions: (There are no items on this agenda.) 10. Other items for consideration: A. Consider SP05-176, Variance to the Sign Ordinance No. 704-B for Taco Bueno located at 2305 East Southlake Boulevard. B. Consider SP05-168, Amendment to Conditional Sign Permit for Gateway Plaza, Phase 1, located on the north side of East Southlake Boulevard at the intersection of Gateway Drive. C. ZA05-044, Plat Revision for Lots 2R and 4, Block 1, Pecan Creek; being a revision of Lot 2, Block 1, Pecan Creek, and portions of the previously existing DUg Place, located on the south side of East Southlake Boulevard, approximately 550 feet east of Byron Nelson Parkway; 155 Pecan Creek. Current Zoning: 0-1 Office District. SPIN Neighborhood #ge. D. ZA05-045, Plat Revision for Lots 2R1, 3R1 and 3R2, Block 60, Timarron Addition, Phase 5; being a revision of Lots 2R and 3R, Block 60, Timarron Addition, Phase 5, located at the southeast comer of East Southlake Boulevard and Byron Nelson Parkway; 611 through 641 East Southlake Boulevard and 409 Byron Nelson Parkway. Current Zoning: R- PUD Residential Planned Unit Development District. SPIN Neighborhood #ge. E. Consider approval of an emergency purchase of SCADA software and radio equipment in support of water and sewer operation facilities citywide. F. Consider awarding of bid for construction of South1ake Wireless Pilot Project to Redmoon Broadband. 11. Other items for discussion: (There are no items on this agenda.) 12. Meeting adjourned. 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 August 2, 2005 Page 6 of 8 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 29, 2005, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ll"U"'''''l ",-"" . 'TH~"'" ",," ,U "" ~"~~~......"-' i~ ~ .. .. -.....~ it. :>0.. ~...--. 1:>.1 * \~\ LOli A. FM'"l;ell, TRMC Gra. "BbIti !: i j ~ I City 8eeretm., ~n. ,-h, Cifu~.ett~fi" .. ./ } ~..-wI~ v ' e. ._ ~ ., ........ ~ If you plan to attend this public meeting ~h"'. (/i.fi1T,ility that requires special needs, please d. h' 'Offi h 11"""",, d a Vlse t e Clty Secretary s lce 48 ours In a vance 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 City of Southlake City Council meeting agenda August 2, 2005 Page 7 of 8 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 ofthe State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: I. City of Southlake vs. Timarron et.al. May 200 I. 2. Steve L. Perry and Aline Perry vs. City of South lake. 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 of South lake. 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 development 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. ~ City of Southlake City Council meeting agenda August 2, 2005 Page 8 of8 Section 418.183lfl: 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 418.106ld) & le): 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 I. I I I I I I I I- I CITY OF SOUTHLAKE OFFICIALIECORD REGULAR CITY COUNCIL MEETING MINUTES: AUGUST 2. 2005 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Deputy Mayor Pro Tem Carolyn Morris; and Councilmembers Laura K. Hill, Gregory Jones, Virginia M. Muzyka, and John Terrell. CITY COUNCIL ABSENT: Mayor Pro Tern Keith Shankland. STAFF PRESENT: City Manager Shana Yelverton, Assistant to the City Manager Ben Thatcher, Executive Secretary Kim Bush, Manager of Technical Services Gary Gregg, Audio Visual System Technician Pam Jordan, Information Systems Technician Sam Cobb, Library Administrator Kerry McGeath, 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, Director of Planning Ken Baker, Chief Planner Dennis Killough, Interim Director of Public Safety Rick Smith, Chief of Fire Services Robert Finn, Director of Public Works Pedram Farahnak, Deputy Director of Public Works Charlie Thomas, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION: No work session was held. REGULAR SESSION: Agenda Item No.1. Call to order. The regular session was called to order by Mayor Wambsganss at 5:59 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced 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 5:59 p.m. Executive Session began at 6:20 p.m. and ended at 7:02 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:02 p.m. Agenda Item No.3. Invocation. The invocation was given by Margy Gore from Good Shepard Catholic Community Church. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 4A1. Dedication of new fire truck. Mayor Wambsganss announced there would be a dedication of a new fire truck and called for a short break at 7:02 p.m. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 2, 2005 Page 1 of 12 I I. I I I I I I I I. I I I I I I I I. I Agenda Item No. 4A. Mayor's Reoort. Mayor Wambsganss reconvened the meeting at 7:12 p.m. He announced upcoming meetings and events. The Mayor recognized the Planning Department for recently being awarded the 2005 Certificate of Achievement of Planning Excellence from the Texas Chapter of the American Planning Association. Agenda Item No. 4B. City Manager's Report. No report was given. Agenda Item No. 4Cl. School Board Reports - Carroll Independent School District. Dr. Diane Frost, Interim Superintendent, reported on the school district. Agenda Item No. 4C2. School Board Reoorts - Grapevine/Collevville Independent School District. Dr. Kay Waggoner, Superintendent, reported on the school district. Agenda Item No. 4C3. School Board Reoorts - Keller Indeoendent School District. No report was gIVen. Agenda Item No. 4C4. School Board Reports - Northwest Indeoendent School District. Dr. Karen Rue, Superintendent, reported on the school district. 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 July 19. 2005. regular City Council meeting. Approved as presented. Agenda Item No. 58. Resolution No. 05-039. appointments to the SPIN Standing Committee. (Mistakenly, two resolutions with the same number were approved by City Council - one on August 2, 2005 and one on August 16, 2005. A permanent notation will be made to these two resolutions.) Approved as presented. 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, PROVIDING FOR THE APPOINTMENT OF NEIGHBORHOOD REPRESENTATIVES TO THE STANDING COMMITTEE OF THE SOUTHLAKE PROGRAM FOR THE INVOLVEMENT OF NEIGHBORHOODS (SPIN); PROVIDING AN EFFECTIVE DATE. Agenda Item No. 5C. Approve the tax collection agreement with Tarrant County. Approved as presented. Agenda Item No. 5D. Authorize the Mayor to execute a lease agreement with Cingular for the -placement of wireless communication antennas on the Bicentennial Park water tower. Approyed as presented. Agenda Item No. 5E. Reiect 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. Approved as presented. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 2, 2005 Page 2 of 12 I I. I I I I I I I I. I I I I I I I Ie I Agenda Item No. 5F. Consider request for funding for Liberty Garden Phase II to include SPDC Matching Funds and other funding sources. Mayor Wambsganss announced this item would be tabled to the August 16, 2005 City Council meeting. Agenda Item No. 5G. Resolution No. 05-038. requesting the widening of White Chane! Boulevard and the construction of trails along the roadway be included as a proiect in the Tarrant County 2006 TraIlSJ>ortation Bond Program. 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: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING AND ENDORSING THE APPLICATION FOR FUNDING FROM THE TARRANT COUNTY 2006 TRANSPORTATION BOND PROGRAM FOR THE CONSTRUCTION OF WHITE CHAPEL BOULEVARD FROM HIGHLAND STREET TO EMERALD BOULEVARD FROM A TWO LANE UNDIVIDED FACILITY TO A FOUR LANE DIVIDED FACILITY WITH A PEDESTRIANIBICYCLE TRAIL. Agenda Item No. 5H. Resolution No. 05-040. requesting the construction of the FM 1709/Pearson Lane/Union Church Road intersection be included as a Droiect in the 2006 Tarrant County TransDortation Bond Program. 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: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS AUTHORIZING AND ENDORSING THE APPLICATION FOR FUNDING FROM THE TARRANT COUNTY 2006 TRANSPORTATION BOND PROGRAM FOR THE ULTIMATE CONSTRUCTION OF THE FM 1709/PEARSON LANE/UNION CHURCH ROAD INTERSECTION. Agenda Item No. 51. ZA05-037. Plat Revision for proDosed Lots 5Rl through 5R3. T.M. Hood No. 706 Addition. being a revision of Lot 5. T.M. Hood No. 706 Addition. The Dropertv is located at 331 West Highland Street. Current Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #10. Approved as presented. Agenda Item No. 5J. Ordinance No. 480-451. 1st Reading (ZA04-101). Zoning Change for Tracts lAIA2 and lAIA2D. B.J. Foster Survey. Abstract No. 519. The Droperty is located on the north side of Gifford Court. aDproximately 300 feet east of Randol Mill Avenue. Current Zoning: AG Agricultural District. Reauested Zoning: SF-IA Single Family Residential District. SPIN Neighborhood #12. This item is tabled to the August 16,2005 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. Commissioner Vernon Stansell was absent from the July 21,2005 Planning and Zoning Commission meeting. Motion was made to approve consent agenda items 5A; 5B to appoint Lou Hillman to SPIN #6, Ray Tremain to SPIN #ge, and Kim Harper to SPIN #14; 5C; 5D; 5E; to table item 5F to the REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 2, 2005 Page 3 of 12 I I. I I I I I I I I. I I I I I I I I. I August 16, 2005, City Council meeting; 5G; 5H; 51 subject to Plat Review Summary No.4, dated July 27, 2005; to table item 5J to the August 16, 2005, City Council meeting; and 5K to excuse Vernon Stansell from the July 21,2005, Planning and Zoning Commission meeting. ~otion: ~uzyka Second: Terrell Ayes: Hill, Jones, ~orris, ~uzyka, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No.6. Public Forum. No one spoke. Agenda Item No. 7A. Resolution 05-026. AdoDtion of the Consolidated Future Land Use Plan as a component of The Southlake 2025 Plan. The Comprehensive ~aster Plan for the City of Southlake. Director Baker presented this item to Council. Council discussed the plan and reviewed areas of concern - Jellico Estates, Kimball Avenue, Continental Boulevard/Crooked Lane, and Brumlow Avenue/Continental Boulevard. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING THE CONSOLIDATED FUTURE LAND USE PLAN AS AN ELE~NT OF THE SOUTHLAKE 2025 PLAN, THE CITY'S ~STER PLAN. ~ayor Wambsganss opened the public hearing. Jeff Wang, 595 South Kimball Avenue, Southlake, Texas spoke in support. Kimberly Koelzer, 1946 m 55, Waxahachie, Texas, asked Council questions about her father's property along South Kimball Avenue. ~ayor Wambsganss closed the public hearing. ~otion was made to approve Resolution 05-026, Adoption of the Consolidated Future Land Use Plan as a component of the Southlake 2025 Plan, The Comprehensive ~aster Plan for the City of Southlake with the following changes: · Amending the six lots adjacent to South Kimball Avenue that are proposed as mixed use to low density residential with a T -1 overlay and designating the triangle-shaped property on Crooked Lane that is proposed as mixed use and is located behind the six lots as office commercial with a T -1 overlay; · Amending the northwest comer of Continental Boulevard and Crooked Lane that is proposed as industrial to office commercial (4 lots east of the Public Works Department and south of city-owned park land); · Amending the triangle at Brumlow Avenue and Continental Boulevard that is proposed as mixed use to office commercial; and, REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 2, 2005 Page 4 of 12 I I. I ,I I I I I I I. I I I I I I I I. I · Removing the proposed T -1 designation on the lots on the southeast and southwest comers of Jellico Estates, leaving them with a low density designation. Motion: Morris Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7B. Ordinance No. 480-461. 2nd Reading. (ZA05-048) Zoning Change and Conceot Plan for Sandlin Manor. on propertv 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. Reauested Zoning: SF-20A Single Familv Residential District. SPIN Neighborhood #10. Chief Planner Killough presented this item to Council in conjunction with item 7C. Applicant's representative, Paul Spain, 2200 Estes Park Drive, Southlake, Texas, answered Council's questions. Council discussed this request. 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 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 LOT 1, BLOCK 1, SANDLIN ESTATES, BEING APPROXIMATELY 14.25 ACRES, AND MORE FULL Y AND COMPLETEL Y DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL 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 CUMULATNE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. Beverly McDonald, 587 Shady Oaks, Southlake, Texas, asked several questions of the applicant regarding drainage and direction of construction traffic. Van Williams, 125 West Chapel Downs Drive, Southlake, Texas, said that Kosse Maykus told him construction traffic would be directed to the west entrance of this property. Mayor Wambsganss closed the public hearing. Motion was made to approve Ordinance No. 480-461, 2nd Reading, (ZA05-048) Zoning Change and Concept Plan for Sandlin Manor, subject to Concept Plan Review Summary No.3, dated REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 2, 2005 Page 5 of12 I I. I I I 'I I I I I. I I I I I I I Ie I July 27, 2005; subject to Council's motion at first reading; subject to the Planning and Zoning Commission's recommendations; subject to the modifications addressed by staff in presentation at tonighes meeting; accepting the applicant's commitment to reduce any noise emitting from the rumble strips but instead using them for a decorative feature; requiring the cypress plantings shown to be a solid hedge approximately the same height as the fence and requiring the developer to work with the homeowner to determine the best plantings; requiring the hedge to run the entire fence line on both sides of the road wherever the fence is located up to the gate and meeting all visibility requirements onto Shady Oaks Drive; and subject to the drawings submitted this evening depicting the east and west entrances into the subdivision. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7C. ZA05-049. Preliminary Plat for nroposed Sandlin Manor. being a reDlat of Lot 1. Block 1. Sandlin Estates. The nroperty is located at 400 Chanel Downs Drive West. Current Zoning: AG Agricultural District. Proposed Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #10. Chief Planner Killough presented this item to Council in conjunction with item 7B. Applicant's representative, Paul Spain, 2200 Estes Park Drive, Southlake, Texas, answered Council's questions. Motion was made to approve ZA05-049, Preliminary Plat for proposed Sandlin Manor, being a replat of Lot" 1, Block 1, Sandlin Estates, subject to Plat Review Summary No.2, dated June 17, 2005; subject to the Planning and Zoning Commission's recommendations; and requiring the plat to meet all of the requirements of the zoning change and concept plan as approved tonight. Motion:' Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Mayor Wambsganss called for a break at 8:50 p.m. Mayor Wambsganss reconvened the meeting at 8:56 p.m. Agenda Item No. 7D. Ordinance No. 480-462. 2nd Reading. (ZA05-058t Zoning Change and Develonment Plan for The Cliffs: being Tracts IB and lA. W. Mills Survey. Abstract No. 1086: Tract 3. W. Mills Survey. Abstract No. 8770: Tract 2. W. Medlin Survey. Abstract No. 1958: and Tract 4. W. Medlin Survev. Abstract No. 1588D. located on the west side of the 3800 block of North White Chanel 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. Director Baker presented this item to the Council. Applicant Paul Spain, 2200 Estes Park Drive, Southlake, Texas, answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this term is listed as follows: REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 2, 2005 Page 6 of 12 I I. I I I I I I I Ie I I I I I I I I. I AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 1A & 1B, SITUATED IN THE W. MILLS SURVEY, ABSTRACT NO. 1086, TRACT 3, SITUATED IN THE W. MILLS SURVEY, ABSTRACT NO. 877D, TRACT 2, SITUATED IN THE W. MEDLIN SURVEY, ABSTRACT NO. 1958, AND TRACT 4, SITUATED IN THE W. MEDLIN SURVEY, ABSTRACT NO. 1588D, BEING APPROXIMATELY 55.53 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT USES AS DEPICTED ON THE APPROVED CONCEPT PLAN, INCLUDING PUD DEVELOPMENT STANDARDS, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Mayor W ambsganss opened the public hearing. Boyd Dollar, 525 Brooks Court, Southlake, Texas, spoke in support of this item. Given the unique circumstances of this property, he is in favor of this proposal even though it does not meet the Land Use Plan. He asked that this not be a precedent for the north side of the city. Mayor Wambsganss closed the public hearing. Motion was made to approve Ordinance No. 480-462, 2nd Reading, (ZA05-058), Zoning Change and Development Plan for The Cliffs, subject to Development Plan Review Summary No.2, dated July 1, 2005; subject to Council's motion at first reading; subject to moving lots 20 through 24 south to allow for a 70-foot wide access strip on the north side of lot 20, block 22, and narrowing each of those lots but not below a minimum of one acre for each lot; allowing the applicant to shorten the height of the southern-most lot by approximately ten feet; requiring the open space to be labeled on the plan as ''private open space" and any further evaluation of any dedication of such private open space should be after the applicant has submitted a level two environmental site study to be performed by a qualified firm approved by the city. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 2, 2005 Page 7 of 12 I I. I I I I I I I Ie I I I I I I I I. I Agenda Item No. 7E. ZA05-059. Preliminarv Plat for proposed The Cliffs: being Tracts IB and lA. W. Mills Survey. Abstract No. 1086: Tract 3. W. Mills Survev. Abstract No. 87m: 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 ofT.W. King Road. Current Zoning: AG Agricultural District. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #1. Applicant Paul Spain, 2200 Estes Park Drive, Southlake, Texas, was present to answer Council's questions. Motion was made to approve ZA05-059, Preliminary Plat for proposed The Cliffs subject to Plat Review Summary No.2, dated July 1, 2005, subject to the Planning and Zoning Commission's recommendations and requiring the plat to meet all of the requirements of the zoning change and development plan as approved tonight. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7F. Ordinance No. 480-463. 2nd 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 lA3. IB3A. and 1838. A. Chivers Survev. Abstract No. 300. located approximately 405 feet east of 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 Familv Residential District. Reauested Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #5. Chief Planner Killough presented this item to Council. Applicant Paul Spain, 2200 Estes Park Drive, Southlake, 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 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 LOT 1, LARKIN H. CHNERS NO. 300 ADDITION, LOTS 1 & 2, BLOCK 1, CALLICOTT/RHODES FARMS, AND TRACTS lA3, IB3A, & IB3B, SITUATED IN THE A. CHNERS SURVEY, ABSTRACT NO. 300, BEING APPROXIMATELY 37.0 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT, "SF-IA" SINGLE FAMILY RESIDENTIAL DISTRICT, AND "AG" AGRICULTURAL DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT USES AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING "PUD" DEVELOPMENT STANDARDS, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 2, 2005 Page 8 of 12 I I. I I I I I I ,I I. I I I I I I I I. I INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. Sonja Callicott, 435 East Dove Road, Southlake, Texas, recorded her support but did not wish to speak. Mayor Wambsganss closed the public hearing. Motion was made to approve Ordinance No. 480-463, 2nd Reading, (ZA05-063) Zoning Change and Development Plan for Estes Park, Phase N, subject to Development Plan Review Summary No.2, dated July 1,2005, and subject to Council's motion at fIrst reading. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7G. ZA05-064. Preliminary Plat for proposed 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 lA3. IB3A. and IB3B. A. Chivers Survev. Abstract No. 300. located approximately 405 feet east of 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. Proposed Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #5. Applicant Paul Spain, 2200 Estes Park Drive, Southlake, Texas, answered Council's questions. Motion was made to approve ZA05-064, Preliminary Plat for proposed Estes Park, Phase N, and subject to Plat Review Summary No.2, dated July 1, 2005, and subject to the Planning and Zoning Commission's recommendations. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Mayor Wambsganss called for a break at 9:16 p.m. Mayor Wambsganss reconvened the meeting at 9:31 p.m. Agenda Items No. 10C and 100 were considered next by Council. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 2, 2005 Page 9 of 12 I I. I I I I I I I I. I I I I I I I I. I Agenda Item No. 10C. ZA05-044. Plat Revision for Lots 2R and 4. Block I. Pecan Creek: being a revision of Lot 2. Block I. Pecan Creek. and portions of the previously existin'l Dilg Place. located on the south side of East Southlake Boulevard. apDroximately 550 feet east of Bvron Nelson Parkway: 155 Pecan Creek. Current Zoning: 0-1 Office District. SPIN Neighborhood #ge. Chief Planner Killough presented this item to Council in conjunction with agenda item no. 100. Applicant John Drews answered Council's questions. Motion was made to approve ZA05-044, Plat Revision for Lots 2R and 4, Block I, Pecan Creek, subject to Plat Review Summary No.3, dated July I, 2005. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 100. ZA05-045. Plat Revision for Lots 2RI. 3RI and 3R2. Block 60. Timarron Addition. Phase 5: being a revision of Lots 2R and 3R. Block 60. Timarron Addition. Phase 5. located at the southeast comer of East Southlake Boulevard and Byron Nelson Parkway: 611 through 641 East Southlake Boulevard and409 Bvron Nelson Parkway. Current Zoning: R-PUD Residential Planned Unit Development District. SPIN Neighborhood #ge. Chief Planner Killough presented this item to Council in conjunction with agenda item no. I OC. Applicant John Drews answered Council's questions. Motion was made to approve ZA05-045, Plat Revision for Lots 2RI, 3RI and 3R2, Block 60, Timarron Addition, Phase 5, subject to Plat Review Summary No.3, dated July I, 2005. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7H. Ordinance No. 480-4458. 2nd Reading. (ZA05-070) Zoning Change and Site Plan for Shady Oaks Offices located at 600 - 660 West Southlake Bouleyard: being at the northwest comer of the intersection of West Southlake Boulevard and Shady Oaks Road. Current Zoning: S-P-I Detailed Site Plan District with 0-1 Office District uses. Reauested Zoning: S-P-I Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #12. Chief Planner Killough presented this item to Council. Architect Skip Blake, 1202 South White Chapel Boulevard, Southlake, Texas, answered Council's questions. City Council discussed the request. No one spoke during the public hearing. Motion was made to deny Ordinance No. 480-445a, 2nd Reading, (ZA05-070) Zoning Change and Site Plan for Shady Oaks Offices. Motion: Jones Second: Hill Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 2, 2005 Page 100/12 I I. I I I I I I I I. I I I I I I I I. I Nays: None Vote: 6-0 (to deny) Agenda Item No. 8A. Ordinance No. 480-424a. 1st Reading. (ZA05-012t Zoning Change and Site Plan for White Chapel Plaza Office Park: located at 1310 North White Chapel Boulevard. Current Zoning: S-P-1 Detailed Site Plan District with 0-1 Office District uses. Requested Zoning: S-P-1 Detailed Site Plan District with 0-1 Office District uses. SPIN Neighborhood #11. Chief Planner Dennis Killough presented this item to Council. Applicant Wayne Lee answered Council's questions. Council discussed this request. Motion was made to approve Ordinance No. 480-424a, 1st Reading, (ZA05-012), Zoning Change and Site Plan for White Chapel Plaza Office Park, subject to Revised Site Plan Review Summary No.3, dated July 27,2005; subject to the Planning and Zoning Commission's recommendations; allowing the applicant to replace the required eight foot masonry fence along the south property line with a two foot rock wall topped with a four foot wrought iron fence and with seven foot tall stone columns placed every 30 feet; and providing a landscape plan with types of plantings prior to the second reading. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. lOA. Consider SP05-176. Variance to the Sign Ordinance No. 704-B for Taco Bueno located at 2305 East Southlake Boulevard. Chief Planner Killough presented this item to Council. Applicant Terry Brockett with Starlight Sign Company answered Council's questions. Council discussed this request. Motion was made to deny SP05-176, Variance to the Sign Ordinance No. 704-B for Taco Bueno located at 2305 East Southlake Boulevard. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Vote: 6-0 (to deny) Agenda Item No. lOB. Consider SP05-168. Amendment to Conditional Sign Permit for Gatewav Plaza. Phase 1. located on the north side of East Southlake Boulevard at the intersection of Gateway Drive. Chief Planner Killough presented this item to Council. Applicant Joe Blazedale, 2824 Hacienda Court, PIano, Texas, answered Council's questions. Council discussed this request. Mr. Blazedale said the property owner is currently doing some market research which may impact Council's evaluation of this request. He requested to table this item until the data is compiled. Motion was made to table SP05-168, Amendment to Conditional Sign Permit for Gateway Plaza, Phase I, until such time the applicant is ready to come back with further infonnation. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 2, 2005 Page 11 of 12 I I. I I I I I I I I. I I I I I I I I. I Motion: Second: Ayes: Nays: Approved: Terrell Muzyka Hill, Jones, Morris, Muzyka, Terrell, Warnbsganss None 6-0 Agenda Item No. 10E. Consider aDoroval of an emergency purchase of SCADA software and radio equipment in support of water and sewer operation facilities citywide.. Manager Gregg presented this item to Council. Council discussed this request. Motion was made to approve an emergency purchase of SCADA software and radio equipment in support of water and sewer operation facilities citywide. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Warnbsganss Nays: None Approved: 6-0 Agenda Item No. 1 OF. Consider awardinsz of bid for construction of Southlake Wireless Pilot Proiect to Redmoon Broadband. Manager Gregg presented this item to Council. Council discussed this request. Motion was made to award a bid for construction of Southlake Wireless Pilot Project to Redmoon Broadband; subject to the city attorney's review; and subject to an initial one hour usage time limit. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Warnbsganss Nays: None Approved: 6-0 Agenda Item No. 12. Meeting adiourned. Mayor Warnbsganss adjourned the meeting at 11:37 p.m. *An audio recording of this meeting wiN be permanently retained in the City Secretary's Office. REGULAR CITY COUNCIL MEETING MINUTES, AUGUST 2, 2005 Page 12 of 12