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2006-09-19 Regular CC Meeting r CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING: SEPTEMBER 19 2006 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall WORK SESSION: 5:00 to 5:30 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: 5:30 P.M. or immediately following 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 exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subiect matter of this City Council meeting 1. Section 551.071: Consultation with attorney a. Teresa Dreyer v. City of Southlake, Texas, et. al. 2. Section 551.072: Deliberation regarding real property a. Discuss purchase of property for park purposes. 3. Section 551.087: Deliberation regarding economic development negotiations a. 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. Proclamation for National Alcohol and Drug Addiction Recovery Month B. City Manager's Report C. Financial Report City of Southlake City Council meeting agenda September 19, 2006 Page 2 of 7 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 from the September 5, 2006, regular City Council meeting. B. Authorize a professional services agreement with Lee Engineering for design of three roundabout intersections: Continental Boulevard at South White Chapel Boulevard, Dove Road at North White Chapel Boulevard, and East Dove Road at North Carroll Avenue. C. Authorize the purchase of an internal pipe inspection camera from Green Equipment Company. D. Authorize an interlocal agreement with Tarrant County for the rehabilitation of East Continental Boulevard from 700 linear feet east of Byron Nelson Parkway to 380 linear feet east of Crooked Lane (approximately 7,225 linear feet). E. Approve a grazing lease between City of Southlake and Roger Hutton. F. Consider approval of the final landscape for Lot 9, Players Circle Addition located at 1959 West Southla.ke Boulevard. G. Consider SP06-393, Variance to Sign Ordinance No. 704-B for Central Market, located at 1425 East Southlake Boulevard. H. Resolution No. 06-058, Appoint members to the Senior Advisory Commission. I. Ordinance No. 480-500, 2nd Reading, (ZA06-088), Zoning Change and Concept Plan for proposed Miron Grove Business Park, on property described as Lot 4R, Block 1, Miron Subdivision; located at 300 Miron Drive. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. THE APPLICANT HAS REQUESTED TO TABLE THIS ITEM TO THE OCTOBER 3, 2006 CITY COUNCIL MEETING. J. ZA06-089, Site Plan for Miron Grove Business Park, Phase One, on property described as portions of Lot 4R, Block 1, Miron Subdivision. Current Zoning: S- P-2 Generalized Site Plan District. Proposed Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. THE APPLICANT HAS REQUESTED TO City of Southlake City Council meeting agenda September 19, 2006 Page 3 of 7 TABLE THIS ITEM TO THE OCTOBER 3, 2006 CITY COUNCIL MEETING. K. Ordinance No. 897, 1" Reading, Amending Chapter 18, Section 18-79 of the Southlake City Code establishing a new speed limit on a portion of North Carroll Avenue and on two portions of Kimball Avenue. THIS ITEM HAS BEEN TABLED TO THE OCTOBER 3, 2006 CITY COUNCIL MEETING. REGULAR AGENDA 6. Public Forum. 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 898, 2nd Reading, Annual budget for FY 2006-07 and revised budget figures for FY 2005-06 and multi-year CIP. SECOND PUBLIC HEARING B. Ordinance No. 899, 2„d Reading, Tax levy ordinance. SECOND PUBLIC HEARING C. Ordinance No. 530-B, 2nd Reading, Amending Chapter 4, Section 1, regarding "Control and Care" and Section 2 "Procedures, Fees, Length of Stay, Redemption and Disposal Policies" of the Southlake City Code regarding animals. PUBLIC HEARING D. Ordinance No. 480-502, 2nd Reading, (ZA06-122), Zoning Change and Concept Plan for The Gardens at Stratfort Parc, on a portion of Tract 3A, H. Granberry Survey, Abstract No. 581; located at 425 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #14. PUBLIC HEARING E. ZA06-123, Preliminary Plat for The Gardens at Stratfort Parc located at 425 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. Proposed Zoning: C-2 Local Retail Commercial District and SF-20A Single Family Residential District. SPIN Neighborhood #14. F. Ordinance No. 480-LLL, 2nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF-2 Single Family Residential Zoning District. PUBLIC HEARING G. Ordinance No. 480-MMM, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to requirements in the Concept Plan, Development Plan, Site Plan, and Accessory Use sections. PUBLIC HEARING City of Southlake City Council meeting agenda September 19, 2006 Page 4 of 7 H. Ordinance No. 480-NNN, 2"d Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, including sidewalk requirements and minimum lot size standards for open space lots in residential zoning districts. PUBLIC HEARING 1. Ordinance No. 483-K, 2°d Reading, Amendments to the Subdivision Ordinance No. 483, as amended, including sidewalk requirements. PUBLIC HEARING J. Ordinance No. 480-480, 2nd Reading (ZA05-068), Zoning Change and Concept Plan for Southlake Crossroads (fk.a. Carroll Crossroads) on property described as being a portion of Tract 4G, O.W. Knight Survey, Abstract No. 899; located at the southwest corner of East Southlake Boulevard and South Carroll Avenue. Current Zoning: AG Agricultural District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #9e. PUBLIC HEARING K. ZA05-173, Preliminary Plat for Tracts 4G, 4D1, and 4E1, O.W. Knight Survey, Abstract No. 899. The property is approximately 19.3 acres located approximately 340 feet west of the southwest corner of and East Southlake Boulevard and South Carroll Avenue. Current Zoning: AG Agricultural District. Proposed Zoning: S-P- 2 Generalized Site Plan District. SPIN Neighborhood #9e. L. ZA06-114, Revised Site Plan for Bob Jones Park on property located at 3901 North White Chapel Boulevard. Current Zoning: AG Agricultural District. SPIN Neighborhood #10. PUBLIC HEARING M. ZA06-107, Site Plan for Watermere at Southlake (f.k.a. Watermark), located at 2809 West Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. PUBLIC HEARING N. Resolution No. 06-059 (ZA06-124), Specific Use Permit for the sale of alcoholic beverages at Snuffer's Restaurant located at 431 Grand Avenue East. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING 0. Resolution No. 06-060 (ZA06-136), Specific Use Permit for the sale of alcoholic beverages at Wingstop located at 2125 West Southlake Boulevard. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #16. PUBLIC HEARING P. Resolution No. 06-061 (ZA06-140), Specific Use Permit for the sale of alcoholic beverages at Planet Burrito located at 260 North Kimball Avenue, Suite 262. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. PUBLIC HEARING City of Southlake City Council meeting agenda September 19, 2006 Page 5 of 7 8. Ordinances, first readings, and related items: DUE TO THE CITY'S CASE RESOLUTION No. 97-22, THIS ITEM MAY NOT BE HEARD DUE TO THE NUMBER OF ITEMS ON THIS AGENDA. A. Ordinance No. 480-465a, 1St Reading (ZA06-137), Zoning Change and Revised Site Plan for Noble Oaks located at 1121 South Carroll Avenue. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. Spin Neighborhood #8. (If approved at first reading, the public hearing will be held October 3, 2006.) 9. Resolutions: (There are no items on this agenda) 10. Other items for consideration: (There are no items on this agenda) 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, September 15, 2006, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. VTH1,q 50°....., kF Lori A. Farwell, T C _ ; City Secretary If you plan to attend this public meeting haw v 'ability that requires special needs, please advise the City Secretary's Office 48 hours to advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake City Council meeting agenda September 19, 2006 Page 6 of 7 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. 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 Southlake. July 2004. 3. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City of Southlake. March 2005. 4. Kenneth Schmiedel and Maureen Schmiedel, individually and as next friends of Elizabeth Schmiedel, a minor vs. City of Southlake. August 2006. 5. Teresa Dreyer v. City of Southlake, Texas; Shana Yelverton, individually and in her official capacity as Southlake City Manager; Kevin Hugman, individually and in his official capacity as Southlake Human Resources Director; and Chuck Kendrick, individually and in his official capacity as Southlake Public Works Operations Manager. September 2006. Section 551.072: Deliberation regarding 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 regarding prospective gift 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 re ardin2 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 re2ardin2 security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. City of Southlake City Council meeting agenda September 19, 2006 Page 7 of 7 Section 551.087: Deliberation re ardin economic development ne 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. Section 418.183(f): 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 meetings to discuss emergency management plans regarding pipeline safetv 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. CITY OF SOUTHLAKE REGULAR CITY COUNCIL MEETING MINUTES: SEPTEMBER 19. 2006 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern Carolyn Morris and Deputy Mayor Pro Tern John Terrell; and Councilmembers Laura K. Hill, Gregory Jones, and Virginia M. Muzyka. CITY COUNCIL ABSENT: Councilmember Vernon Stansell. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager Jim Blagg, Assistant to the City Manager Ben Thatcher, Community Relations Officer Pilar Schank, Audio Information Systems Technician Sam Cobb, Audio Visual System Technician Pam Jordan, Director of Community Services Steve Polasek, Deputy Director of Community Services Chris Tribble, Economic Development Specialist Stefanie Wagoner, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Director of Planning Ken Baker, Chief Planner Dennis Killough, Director of Public Safety Rick Smith, Chief of Fire Services Robert Finn, Chief of Police Services Wade Goolsby, Director of Public Works Bob Price, Construction Manager Clayton Redinger, Public Works Operations Manager Chuck Kendrick, Library Administrator Kerry McGeath, City Attorney E. Allen Taylor, and City Secretary Lori Farwell. WORK SESSION: Agenda Item No.1. Call to order. The work session was called to order by Mayor Wambsganss at 5 :09 p.m. . Agenda Item No.2. Discussion of all items on tonight's meeting agenda. There were no items to discuss. REGULAR SESSION: Agenda Item No.1. Call to order. The regular session was called to order by Mayor Wambsganss at 5: 1 0 p.m. Agenda Item No. 2A. Executive Session. Mayor Wambsganss announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with city attorney; Section 551.072, deliberation regarding real property; and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 5:10 p.m. Executive Session began at 5:29 p.m. and ended at 6:36 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 6:43 p.m. and asked if any motion was necessary from Executive Session. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006 Page 1 of 12 Motion was made to authorize staff to proceed with making an offer to purchase property as discussed in executive session. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No.3. Invocation. David Whitington from Christ Our King Church gave the proclamation. Mayor Wambsganss lead the Pledge of Allegiance. Agenda Item No. 4A. Mayor's Report. No report was given. Agenda Item No. 4A1. Proclamation for National Alcohol and Drug Addiction Recovery Month. Mayor Wambsganss presented this proclamation to Mary Ellen Yarrish of Tarrant County Challenge, Inc. Agenda Item No. 4B1. City Manager's Report. City Manager Yelverton addressed press coverage relating to the City's SOth Anniversary and thanked the media for helping get the word out about celebrating Southlake's history. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Agenda Item No. SA. Approve the minutes from the September S, 2006, regular City Council meeting. A presentation was not made on this item. Agenda Item No. S8. Authorize a professional services agreement with Lee Engineering for design of three roundabout intersections: Continental Boulevard at South White Chapel Boulevard, Dove Road at North White Chapel Boulevard, and East Dove Road at North Carroll A venue. A presentation was not made on this item. Agenda Item No. Sc. Authorize the purchase of an internal pipe inspection camera from Green Equipment Company. A presentation was not made on this item. Agenda Item No. SD. Authorize an interlocal agreement with Tarrant County for the rehabilitation of E';lst Continental Boulevard from 700 linear feet east of Byron Nelson Parkway to 380 linear feet east of Crooked Lane (approximately 7,22S linear feet). A presentation was not made on this item. Agenda Item No. SE. Approve a grazing lease between City of Southlake and Roger Hutton. A presentation was not made on this item. Agenda Item No. SF. Consider approval of the final landscape for Lot 9, Players Circle Addition located at 19S9 West Southlake Boulevard. Apresentation was not made on this item. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006 Page 2 of 12 Agenda Item No. 5G. Consider SP06-393, Variance to Sign Ordinance No. 704-B for Central Market, located at 1425 East Southlake Boulevard. A presentation was not made on this item. Agenda Item No. 5R. Resolution No. 06-058, Appoint members to the Senior Advisory Commission. This item was tabled to the October 3, 2006, City Council meeting. Agenda Item No. 51. Ordinance No. 480-500, 2nd Reading, (ZA06-088), Zoning Change and Concept Plan for proposed Miron Grove Business Park, on propertv described as Lot 4R. Block I, Miron Subdivision; located at 300 Miron Drive. Current Zoning: S-P-2 Generalized Site Plan District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. The applicant requested to table this item to the October 3,2006 City Council meeting. Agenda Item No. 5J. ZA06-089, Site Plan for Miron Grove Business Park, Phase One, on property described as portions of Lot 4R. Block I, Miron Subdivision. Current Zoning: S-P-2 Generalized Site Plan District. Proposed Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #8. The applicant requested to table this item to the October 3,2006 City Council meeting. Agenda Item No. 5K. Ordinance No. 897, 1st Reading, Amending Chapter 18, Section 18-79 of the Southlake City Code establishing a new speed limit on a portion of North Carroll Avenue and on two portions of Kimball Avenue. This item was tabled to the October 3, 2006 City Council meeting. Agenda Item No. 7R. Ordinance No. 480-NNN, 2nd Reading, Amendments to the Comprehensive Zoning Ordinance No. 480, as amended, including sidewalk requirements and minimum lot size standards for open space lots in residential zoning districts. This item was tabled to the October 3,2006 City Council meeting. Agenda Item No. 71. Ordinance No. 483-K. 2nd Reading, Amendments to the Subdivision Ordinance No. 483, as amended, including sidewalk requirements. This item was tabled to the October 3, 2006 City Council meeting. Agenda Item No. 7J. Ordinance No. 480-480, 2nd Reading (ZA05-068), Zoning Change and Concept Plan for Southlake Crossroads (f.k.a. Carroll Crossroads) on property described as being a portion of Tract 4G, O.W. Knight Survey, Abstract No. 899; located at the southwest comer of East Southlake Boulevard and South Carroll Avenue. Current Zoning: AG Agricultural District. Requested Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #ge. This item was tabled to an indefinite time when staff receives written notice of a written access agreement being in place with the land owner to the west of the subject property with the further understanding that once these items are placed back on a City Council agenda, City Council is not currently inclined to accept further tabling requests. Agenda Item No. 7K. ZA05-173, Preliminary Plat for Tracts 4G, 4DL and 4EL O.W. Knight Survey, Abstract No. 899. The property is approximately 19.3 acres located approximately 340 feet west of the southwest comer of and East Southlake Boulevard and South Carroll Avenue. Current Zoning: AG Agricultural District. Proposed Zoning: S-P-2 Generalized Site Plan REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006 Page 3 of 12 District. SPIN Neighborhood #ge.This item was tabled to an indefinite time when staff receives written notice of a written access agreement being in place with the land owner to the west of the subject property with the further understanding that once these items are placed back on a City Council agenda, City Council is not currently inclined to accept further tabling requests. Motion was made to approve consent agenda items 5A; 5B; 5C; 5D; 5E; 5F; 5G; to table 5H to the October 3, 2006, City Council meeting; to table items 51 and 5J at the applicant's request to the October 3, 2006, City Council meeting; to table 5K to the October 3, 2006, City Council meeting; to table items 7H and 71 to the October 3, 2006, City Council meeting; and to table items 7J and 7K to an indefinite time when staff receives written notice of a written access agreement being in place with the land owner to the west of the subject property with the further understanding that once these items are placed back on a City Council agenda, City Council is not currently inclined to accept further tabling requests. Motion: Terrell Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No.6. Public Forum. Greg Standerfer, 201 Sheffield Court, Southlake, Texas, made a short presentation to Council regarding a recent article in the Fort Worth Star Telegram regarding debt per capita. Agenda Item No. 7 A. Ordinance No. 898, 2nd Reading, Annual budget for FY 2006-07 and revised budget figures for FY 2005-06 and multi-year CIP. Mayor Wambsganss introduced this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING REVISED BUDGET FIGURES FOR FISCAL YEAR 2005-06; APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND TERMINATING SEPTEMBER 30,2007, AND MAKING APPROPRIATIONS FOR EACH DEPARTMENT, PROJECT AND ACCOUNT; REPEALING CONFLICTING ORDINANCES; PROVIDING SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 898, 2nd Reading, Annual budget for FY 2006-07 and revised budget figures for FY 2005-06 and multi-year CIP. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006 Page 4 of 12 Approved: 6-0 Agenda Item No. 7B. Ordinance No. 899. 2nd Reading. Tax levy ordinance. Mayor Wambsganss presented this item. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2006 AND ENDING SEPTEMBER 30,2007, AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.462 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS, AS OF JANUARY 1,2006, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEREOF; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENALTIES AND INTEREST THEREON; PROVDING FOR PLACE OF PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Ordinance No. 899, 2nd Reading, Tax levy ordinance which formally sets the tax rate at $0.4(>2 per $lQO and acknowledges that property taxes will be increased by the adoption of a tax rate of $0.462. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7C. Ordinance No. 530-B. 2nd Reading. Amending Chapter 4. Section L regarding "Control and Care" and Section 2 "Procedures. Fees. Length of Stay. Redemption and Disposal Policies" of the Southlake City Code regarding animals. Mayor Wambsganss introduced this item. Chief Goolsby answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING CHAPTER 4, "ANIMALS", ARTICLE II, "CONTROL AND CARE", OF THE SOUTHLAKE MUNICIPAL CODE, BY AMENDING SECTION 4-31, "DEFINITIONS" AND SECTION 4~98, "PROCEDURES, FEES, LENGTH OF STAY, REDEMPTION AND DISPOSAL POLICIES" TO AMEND THE TERM NECESSARY TO CREATE A PRESUMPTION OF ABANDONMENT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006 Page 5 of 12 No one spoke during the public hearing. Motion was made to approve Ordinance No. 530-B, 2nd Reading, Amending Chapter 4, Section 1, regarding "Control and Care" and Section 2 "Procedures, Fees, Length of Stay, Redemption and Disposal Policies" of the Southlake City Code regarding animals, as presented. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7B. Ordinance No. 899, 2nd Reading, Tax levy ordinance. Mayor Wambsganss reintroduced this item to make certain there was a public hearing held. Mayor Wambsganss opened the public hearing. No one spoke. Mayor Wambsganss closed the public hearing. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, FIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2006 AND ENDING SEPTEMBER 30, 2007, AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED, AT THE RATE OF $0.462 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF SOUTHLAKE, TEXAS, AS OF JANUARY 1,2006, TO PROVIDE REVENUES FOR THE PAYMENT OF CURRENT EXPENSES AND TO PROVIDE AN INTEREST AND SINKING FUND ON ALL OUTSTANDING DEBTS OF THE CITY; DIRECTING THE ASSESSMENT THEREOF; PROVIDING FOR DUE AND DELINQUENT DATES TOGETHER WITH PENAL TIES AND INTEREST THEREON; PROVIDING FOR PLACE OF PAYMENT; PROVIDING FOR APPROVAL OF THE TAX ROLLS PRESENTED TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Motion was made to approve Ordinance No. 899, 2nd Reading, Tax levy ordinance which formally sets the tax rate at $0.462 per $100 and acknowledges that property taxes will be increased by the adoption of a tax rate of $0.462.' . .. I , .. . . .. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7D. Ordinance No. 480-502, 2nd Reading, (ZA06-122), Zoning Change and Concept Plan for The Gardens at Stratfciit Pare,' 011. a' portion of Tract 3A, H. Granberry Survey, Abstract No. 581; located at 425 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. Requested Zoning: SF-20A Single Familv Residential District. SPIN Neighborhood #14. Chief Planner Killough presented this item to Council in conjunction with REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006 Page 6 of 12 item 7E. Applicants Kosse Maykus and Paul Spain made a presentation and answered Council's questions. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 3A, SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, BEING APPROXIMATELY 11.77 ACRES, AND MORE FULLY AND COMPLETEL Y DESCRIBED IN EXHIBIT "A" FROM "C-2" LOCAL RETAIL COMMERCIAL DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. John Khalilian, 301 Sir Georges Court, Southlake, Texas, expressed his concerns regarding this development. Mary Dominguez spoke in support of this item. Mayor Wambsganss closed the public hearing. Council continued discussion of this item. Motion was made to approve Ordinance No. 480-502, 2nd Reading, (ZA06-122), Zoning Change and Concept Plan for The Gardens at Stratfort Parc noting the applicant's agreement to place five shrubs per lot on the western edge of the property in the open space; requiring the street trees to be four-inch caliper as approved by the city and requiring the applicant to work with the city on the placement and type of trees along the western boundary; requiring the channel to be exposed aggregate stained a neutral color; requiring the trails to remain open to the public; requiring the open space to be retained and maintained by the HOA; granting the requested variances; and subject to Revised Concept Plan Review Summary No.1, dated September 13,2006; and subject to City Council's approval on First Reading. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006 Page 7 of 12 Approved: 6-0 Agenda Item No. 7E. ZA06-123. Preliminary Plat for The Gardens at Stratfort Parc located at 425 West Southlake Boulevard. Current Zoning: C-2 Local Retail Commercial District. Proposed Zoning: C-2 Local Retail Commercial District and SF-20A Single Family Residential District. SPIN Neighborhood #14. Chief Planner Killough presented this item to Council in conjunction with item 7E. Applicants Kosse Maykus and Paul Spain made a presentation and answered Council's questions. Motion was made to approve ZA06-123, Preliminary Plat for The Gardens at Stratfort Parc located at 425 West Southlake Boulevard subject to Revised Plat Review Summary No.1, dated September 13, 2006. Motion: Terrell Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 7F. Ordinance No. 480-LLL. 2nd Reading. An amendment to the Comprehensive Zoning Ordinance No. 480. as amended. as it pertains to the creation ofthe SF-2 Single Family Residential Zoning District. Director Baker presented this item to Council. Mayor Wambsganss opened the public hearing. Tim Raley, 440 West Highland Street, Southlake, Texas, spoke in opposition to this amendment as it is currently proposed. Robert Gray, 1275 Shady Oaks Drive, Southlake, Texas, spoke in opposition to this amendment as it is currently proposed. Mayor Wambsganss read a comment card from Sara Gray, 1275 Shady Oaks Drive, Southlake, Texas, who did not want to speak but wanted to record her opposition. Mayor Wambsganss closed the public hearing. Council continued their discussion of this item. Council agreed to table this item to allow staff additional time for research. Motion was made to table Ordinance No. 480-LLL, 2nd Reading, An amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the creation of the SF-2 Single Family Residential Zoning District, to the October 3,2006, City Council meeting. Motion: Terrell Second: Jones Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 (to table) REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006 Page 8 of 12 Agenda Item No. 7G. Ordinance No. 480-MMM, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to requirements in the Concept Plan, Development Plan, Site Plan, and Accessory Use sections. Director Baker presented this item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AMENDING SECTION 34, ACCESSORY USES, TO CLARIFY BOARDING OF HORSES, FENCE STANDARDS, AND AMENDING THE ACCESSORY USE TABLE; AMENDING SECTION 40, TO ADD FENCING AND STREETS CAPE CONCEPT PLANS, OPEN SPACE MANAGEMENT PLANS, AND LANDSCAPE PLANS TO SUBMITTAL REQUIREMENTS; AND AMENDING SECTION 41, CONCEPT PLANS TO ADD SUBMITTAL REQUIREMENTS FOR ON-SITE SEPTIC SYSTEMS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Mayor Wambsganss opened the public hearing. Robert Gray, 1275 Shady Oaks Drive, Southlake, Texas, spoke to Council regarding water tanks and pumps. Mayor Wambsganss closed the public hearing. Motion was made to approve Ordinance No. 480-MMM, 2nd Reading, Amendment to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to requirements in the Concept Plan, Development Plan, Site Plan, and Accessory Use sections. Motion: Jones Second: Terrell Ayes: Hill, Jones, Morris, Muzyka, Terrell, Wambsganss Nays: None Approved: 6-0 Mayor Wambsganss called for a break at 8:35 p.m. and reconvened the meeting at 5:54 p.m. Deputy Mayor Pro Tern Terrell did not rejoin the meeting. Agenda Item No. 7L. ZA06-114, Revised Site Plan for Bob Jones Park on property located at 3901 North White Chapel Boulevard. Current Zoning: AG Agricultural District. SPIN Neighborhood #10. Chief Planner Killough presented this item to Council. No one spoke during the public hearing. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006 Page 9 of 12 Motion was made to approve ZA06-114, Revised Site Plan for Bob Jones Park on property located at 3901 North White Chapel Boulevard subject to Site Plan Review Summary No.2, dated August 29,2006. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 7M. ZA06-107, Site Plan for Watermere at Southlake (f.k.a. Watermark), located at 2809 West Southlake Boulevard. Current Zoning: S-P-2 Generalized Site Plan District. SPIN Neighborhood #15. Chief Planner Killough presented this item to Council. Applicant Rick Simmons made a presentation and answered Council's questions. No one spoke during the public hearing. Council discussed this request. Motion was made to approve ZA06-107, Site' Plan for Watermere at Southlake (f.k.a. Watermark), located at 2809 West Southlake Boulevard, subject to Site Plan Review Summary No.2, dated September 1, 2006, and City Council's previous approval on January 16,2006. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 7N. Resolution No. 06-059 (ZA06-124), Specific Use Permit for the sale of alcoholic beverages at Snuffer's Restaurant located at 431 Grand Avenue East. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Chief Planner Killough presented this item simultaneously with items 70 and 7P. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 431 GRAND AVENUE EAST, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 6, BLOCK 14, SOUTHLAKE TOWN SQUARE, PHASE IV, MORE FULL Y AND COMPLETEL Y DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 06-059 (ZA06-124), Specific Use Permit for the sale of alcoholic beverages at Snuffer's Restaurant located at 431 Grand Avenue East subject to the ten year lease. Motion: Jones REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER.19, 2006 Page 10 of 12 Second: Ayes: Nays: Approved: Muzyka Hill, Jones, Morris, Muzyka, Wambsganss None 5-0 Agenda Item No. 70. Resolution No. 06-060 (ZA06-136), Specific Use Permit for the sale of alcoholic beverages at Wingstop located at 2125 West Southlake Boulevard. Current Zoning: C- 3 General Commercial District. SPIN Neighborhood # 16. Chief Planner Killough presented this item simultaneously with items 7N and 7P. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 2125 W. SOUTHLAKE BOULEVARD, SUITE 375, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 5, BLOCK 1, SOUTHLAKE CROSSING, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. No one spoke during the public hearing. Motion was made to approve Resolution No. 06-060 (ZA06-136), Specific Use Permit for the sale of alcoholic beverages at Wingstop located at 2125 West Southlake Boulevard subject to the ten year lease. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 7P. Resolution No. 06-061 (ZA06-140), Specific Use Permit for the sale of alcoholic beverages at Planet Burrito located at 260 North Kimball Avenue, Suite 262. Current Zoning: C-3 General Commercial District. SPIN Neighborhood #8. Chief Planner Killough presented this item simultaneously with items 7N and 70. In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 260 N. KIMBALL AVENUE, SUITE 262, BEING LEGALLY DESCRIBED AS A PORTION OF LOT 2A, BLOCK 1, FARRAR ADDITION, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", AND AS DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN EFFECTIVE DATE. REGULAR CITY COUNCIL MEETING MINUTES, SEPTEMBER 19, 2006 Page 11 of 12 No one spoke during the public hearing. Motion was made to approve Resolution No. 06-061 (ZA06-140), Specific Use Permit for the sale of alcoholic beverages at Planet Burrito located at 260 North Kimball Avenue, Suite 262, subject to the ten year lease. Motion: Jones Second: Muzyka Ayes: Hill, Jones, Morris, Muzyka, Wambsganss Nays: None Approved: 5-0 Agenda Item No. 8A. Ordinance No. 480-465a. 1st Reading (ZA06-137). Zoning Change and Revised Site Plan for Noble Oaks located at 1121 South Carroll Avenue. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. Spin Neighborhood #8. Chief Planner Killough presented this item to Council. Applicant Bill Vaughn, 401 Marshall Road, Southlake, Texas, made a presentation and answered Council's questions. Motion was made to approve Ordinance No. 480-465a, 1st Reading (ZA06-137), Zoning Change and Revised Site Plan for Noble Oaks located at 1121 South Carroll Avenue requiring additional information on the front door facing the street as well as the walkway and landscaping. Motion: Jones Second: Morris Ayes: Hill, Jones, Morris, Muzyka, Wambsganss Nays: None Approved: 5-0 City Council briefly discussed a recent invitation to the Silver Eagle Friends of Scouting Event on September 27, 2006. Agenda Item No. 12. Adjournment. Mayor Wambsganss adjourned the meeting at 10:10 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. ATTEST: {,tltHUi ~I", ".., '\TH~"'" ",,,;v " ...' ~o .......... ~ ", $' ~ ..- ...~ ~'-:- ~Ol' * ...~;. ::>-:, ~)<.: :f-: :>: ~<3\ ;cng .". . ... .." ..... -:'." ."':- ~" ..111......... "...... '., " "'" **~ \\\\\ """,.."", ~'--~ Andy Wambsganss Mayor .-=- ~'a~ Lori A. 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