2007-04-17 Regular CC Meeting
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CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING: APRIL 17 2007
LOCATION: 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
WORK SESSION: 5:00 to 6:00 P.M.
1. Call to order.
2. Invocation: Eric Hulet, Grace Community Church
3. Overview of Tarrant County Programs and Partnerships, Gary Fickes Commissioner
Precinct 3.
4 Update on new Department of Public Safety Central Facility.
5. Discuss 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 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 subject matter of this City Council meeting
1. Section 551.071: Consultation with attorney
a. Seek advice of the city attorney regarding TIRZ reimbursement
issues.
b. Seek advice of the city attorney regarding enforcement of the noise
ordinance.
2. Section 551.072: Deliberation regarding real property
a. Deliberate the acquisition 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. REPORTS:
A. Mayor's Report
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City of Southlake
City Council meeting agenda
April 17, 2007
Page 2 of 6
1. Update on Art in the Square
2. Proclamation for Administrative Professionals Day
3. Proclamation for Child Abuse Prevention Month
B. City Manager's Report
1. Introduction of Senior Activity Center Coordinator, Amanda Troum
2. Announcement regarding City-Wide Sidewalk Sale on April 21, 2007
C. SPIN Report
D. Financial 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.
4. Consent:
A. Approve the minutes from the April 3, 2007, regular City Council meeting.
B. Award bid to Texas Harley Davidson in Bedford for the 24-month lease of seven
(7) Harley Davidson RoadKing Motorcycles to be utilized by Police Service's
Traffic Division in the amount of $66,395.
C. ZA07-032, Plat Revision for Lot 22R, Block 7, Timarron Addition, Huntly Manor
Phase II being a revision of Lot 22, Block 7, Timarron Addition, Huntly Manor
Phase II; located at 1339 Province Lane. Current Zoning: R-PUD Residential
Planned Unit Development District. SPIN Neighborhood #9e.
D. Consider SP07-114, Variance to Sign Ordinance No. 704-C for Westwyck Hills,
located at the 1300 and 1500 block of Randol Mill Avenue and the 2000 block of
Morgan Road.
E. Resolution No. 07-019, authorizing the City Attorney to bring condemnation
action for the purpose of obtaining land for park purposes being approximately
11.2 acres, part of the R.D. Price Survey Abstract 1003-D, Tract 6, and
approximately 6.546 acres, Tract 4, H.O. Throop Survey, Abstract No. 1273D and
Tract 7 and 8, R.D. Price Survey Abstract No. 1003D.
REGULAR AGENDA
5. Public Forum.
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City of Southlake
City Council meeting agenda
April 17, 2007
Page 3 of 6
6. Ordinances, second readings, public hearings, and related items:
A. Ordinance No. 906, 2nd Reading, to cancel the May 12, 2007, General Election
and to declare each unopposed candidate elected to office; and providing an
effective date. PUBLIC HEARING
B. ZA06-187, Site Plan for Masco Service Corporation, located at 1200 North
Kimball Avenue. Current Zoning: B-1 Business Service Park District. SPIN
Neighborhood #5. PUBLIC HEARING
C. Approve Right-of-way Encroachment Agreement for Masco Service Corporation.
D. ZA06-023, Plat Showing for Lots 19 and 20, F. Throop No. 1511 Addition,
located at 1200 North Kimball Avenue. Current Zoning: B-1 Business Service
Park District. SPIN Neighborhood #5.
E. Ordinance No. 480-PPP, 2nd Reading, Amendment to the Comprehensive Zoning
Ordinance, Section 43, General Development Standards, Masonry Requirements.
PUBLIC HEARING
F. Ordinance No. 557-A, 2nd Reading, Amendment to the Masonry Ordinance,
Section 2, Definitions of masonry material. PUBLIC HEARING
G. Ordinance No. 480-518, 2nd Reading, (ZA06-174), Zoning Change and Site Plan
for St. John's Baptist Church, located at 900 South Kimball Avenue. Current
Zoning: I-1 Light Industrial District. Requested Zoning: CS Community Service
District. SPIN Neighborhood #7. PUBLIC HEARING
H. Ordinance No. 480-519, 2nd Reading, (ZA06-190), Zoning Change and Concept
Plan for Lot 24, F. Throop No. 1511 Addition, located at 1497 East Dove Street.
Current Zoning: AG Agricultural District. Requested Zoning: SF-30 Single
Family Residential District. SPIN Neighborhood #5. PUBLIC HEARING
1. Ordinance No. 480-520, 2nd Reading, (ZA07-024), Zoning Change and Concept
Plan for Lot 14, H. Granberry No. 581 Addition, located at 440 and 480 South
White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested
Zoning: SF-lA Single Family Residential District. SPIN Neighborhood #14.
PUBLIC HEARING
J. Resolution No. 07-017, (ZA07-039), Specific Use Permit for a
Telecommunications Tower located at 340 Miron Drive. Current Zoning: B-1
Business Service Park District. SPIN Neighborhood #8. PUBLIC HEARING
K. Resolution No. 07-018, (ZA07-040), Specific Use Permit for a
Telecommunications Tower located at 3700 North White Chapel Boulevard.
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City of Southlake
City Council meeting agenda
April 17, 2007
Page 4 of 6
Current Zoning: CS Community Service District. SPIN Neighborhood #l.
PUBLIC HEARING
L. Ordinance No. 907, 2nd Reading, Amending Chapter 10, Article V, "Public
Smoking," of the Southlake City Code. PUBLIC HEARING
7. Ordinances, first readings, and related items: (There are no items on this agenda.)
8. Resolutions: (There are no items on this agenda.)
9. Other items for consideration:
A. Amend the urban design study contract with Townscape, Inc. for $41,500 to
perform u-turn and signal timing studies.
10. Other items for discussion: (There are no items on this agenda.)
11. 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, April °gL3 ,2007, by 6:00 p.m., pursuant to the
Texas Government Code, Chapter 551.
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L-ori--A.-Payne, T-RMC 74--10 B-PW L5
e-itq-Secretary-
If you plan to attend this public meeting and have a disability that requires special needs, please
advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable
accommodations will be made to assist you.
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City of Southlake
City Council meeting agenda
April 17, 2007
Page 5 of 6
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. 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.
2. Harold Sauls vs. Robert Welch, Alton Wells, Mike Berryhill, John Doe, and City of
Southlake. March 2005.
3. Teresa Dreyer v. City of Southlake, Texas, et.al. September 2006.
4. TBC Construction, Inc., and TBC First Realty, Inc. v. City of Southlake, Barson Utilities,
Inc., aka Barson Utilities. December 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 regarding 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 regarding security devices
The City Council may deliberate the deployment, or specific occasions for implementation of
security personnel or devices.
Section 551.087: Deliberation regarding economic development negotiations
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.
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City of Southlake
City Council meeting agenda
April 17, 2007
Page 6 of 6
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 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.
Integrity 1 Innovation 1 Accountability ♦ Commitment to Excellence ♦ Teamwork
CITY OF SOUTHLAKE
REGULAR CITY COUNCIL MEETING MINUTES: APRIL 17, 2007
LOCATION 1400 Main Street, Southlake, Texas
Council Chambers in Town Hall
CITY COUNCIL PRESENT Mayor Andy Wambsganss, Mayor Pro Tem Carolyn Morris,
Deputy Mayor Pro Tem John Terrell, and Councilmembers Laura K. Hill, Gregory Jones
(arrived at 6:12 p.m), Virginia M. Muzyka, and Vernon Stansell.
CITY COUNCIL ABSENT None.
STAFF PRESENT City Manager Shana Yelverton, Assistant City Manager Jim Blagg,
Assistant to the City Manager Ben Thatcher, Community Relations Officer Pilar Schank, Office
Assistant for the City Manager's Office Elsie Rice, Manager of Information Services Gary
Gregg, Information Systems Technician Pam Jordan, Library Administrator Kerry McGeath,
Administrative Secretary for the Library Nancy Roper, Director of Community Services Steve
Polasek, Senior Activity Center Coordinator Amanda Troum, Economic Development Specialist
Stefanie Wagoner, Director of Finance Sharen Jackson, Assistant Finance Director Sean
Leonard, Human Resources Analyst Stacey Black, Administrative Assistant for Human
Resources Valerie Snyder, Chief of Fire Services Robert Finn, Chief of Police Services Wade
Goolsby, Director of Planning and Development Services Ken Baker, Chief Building Official
Paul Ward, Chief Planner Jay Narayana, Administrative Secretary for Planning and
Development Services Lorrie Fletcher, Office Assistant for Building Inspections Dianna
Brawner, Director of Public Works Robert H. Price, Office Assistant for Public Works Stephanie
Breitbarth, City Attorney E. Allen Taylor, and City Secretary Lori Payne.
WORK SESSION
Agenda Item No. 1. Call to order. The work session was called to order by Mayor Wambsganss
at 5:11 p.m.
Agenda Item No. 2. Invocation. Eric Hulet from Grace Community Church gave the invocation.
Mayor Wambsganss led the Pledge of Allegiance.
Agenda Item No. 3A2. Proclamation for Administrative Professionals Day Mayor Wambsganss
presented the proclamation to several representatives of the administrative professional group at
the City of Southlake: Office Assistant Brawner, Office Assistant Breitbarth, Administrative
Secretary Fletcher, Office Assistant Rice, Administrative Secretary Roper and Administrative
Secretary Snyder.
Agenda Item No. 3. Overview of Tarrant County Programs and Partnerships. Mayor
Wambsganss introduced Precinct 3 County Commissioner Gary Fickes who gave an update of
Tarrant County activities and programs.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007
Page I of 11
Agenda Item No. 4. Update on new Department of Public Safety Central Facility Assistant City
Manager Blagg presented this item to Council and answered their questions. Architect Robert
Garza and Crime Control and Prevention District Board President Martin Schelling answered
Council's questions.
Agenda Item No. 4. Discuss all items on tonight's meeting agenda. City Council reviewed the
consent agenda items with city staff. Item 9A was added to the consent agenda. The work session
ended at 5:57 p.m.
REGULAR SESSION
Agenda Item No. 1. Call to order. The regular session was called to order by Mayor
Wambsganss at 5:57 p.m.
Agenda Item No. 2A. Executive Session Mayor Wambsganss announced City Council would be
going into Executive Session pursuant to the Texas Government Code, Section 551.071,
Consultation with attorney; Section 551.072, deliberation regarding real property, and Section
551.087, deliberation regarding economic development negotiations. City Council adjourned for
Executive Session at 5:57 p.m. Executive Session began at 6:35 p.m. and ended at 7:27 p.m.
Agenda Item No. 2B. Reconvene Mayor Wambsganss reconvened the regular meeting at 7:35
p.m. and asked if any action was necessary from Executive Session.
Motion was made to authorize the acceptance of deeds to various streets and rights -of -way as
discussed in executive session and as acceptable to the city attorney.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Motion was made to direct staff to proceed with and complete the real estate purchase
negotiations and finalize the contractual documents relative to a piece of property discussed in
executive session pursuant to the terms and conditions presented by the staff but further
including a provision to the staff to proceed with all necessary steps and activities relating to the
use of imminent domain authority if that should become necessary due to a breakdown in our
contractual discussions.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 3A. Mayor's Report Mayor Wambsganss announced upcoming meetings and
events.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007
Page 2 of 11
Agenda Item No. 3A1. Update on Art in the Square. Mayor Wambsganss announced that Art in
the Square will be held April 27 through April 29 at Southlake Town Square.
Agenda Item No. 3A2. Proclamation for Child Abuse Prevention Month. Mayor Wambsganss
presented this proclamation to Jessica Campbell of Alliance for Children.
Item No. 3B I. Introduction of Senior Activitv Center Coordinator. Amanda Troum.
City Manager Yelverton introduced Coordinator Troum to Council. Coordinator Troum thanked
the Council.
Agenda Item No. 3132. Announcement regarding City -Wide Sidewalk Sale on April 21, 2007.
Economic Development Specialist Wagoner presented this item to Council.
Agenda Item No. 3C. SPIN Report. A written report was given to Council prior to the meeting.
Agenda Item No. 3D. Financial Report. Director Jackson presented this item to Council.
CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council
and are enacted with one motion.
Agenda Item No. 4A. Approve the minutes from the April 3, 2007, regular City Council meeting.
A presentation was not made on this item.
Agenda Item No. 4B. Award bid to Texas Harley Davidson in Bedford for the 24 -month lease of
seven 7) Harley Davidson RoadKing Motorcycles to be utilized by Police Service's Traffic
Division in the amount of $66,395. A presentation was not made on this item.
Agenda Item No. 4C. ZA07 -032, Plat Revision for Lot 22R, Block 7, Timarron Addition, Huntly
Manor Phase II being a revision of Lot 22, Block 7, Timarron Addition, Huntly Manor Phase II;
located at 1339 Province Lane. Current Zoning: R -PUD Residential Planned Unit Development
District. SPIN Neighborhood 99e. A presentation was not made on this item.
Agenda Item No. 4D. Consider SP07 -114, Variance to Sign Ordinance No. 704 -C for Westwyck
Hills, located at the 1300 and 1500 block of Randol Mill Avenue and the 2000 block of Mor
Road. A presentation was not made on this item.
Agenda Item No. 4E. Resolution No. 07 -019, authorizing the City Attorney to bring
condemnation action for the purpose of obtaining land for park purposes being approximately
11.2 acres, part of the R.D. Price Survey Abstract 1003 -D, Tract 6, and approximately 6.546
acres, Tract 4, H.O. Throop Survey, Abstract No. 1273D and Tract 7 and 8, R.D. Price Survey
Abstract No. 1003D. A presentation was not made on this item. In accordance with Section 4.21
of the City Charter, the caption for this item is listed as follows:
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING THE CITY
ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF
OBTAINING FEE SIMPLE ABSOLUTE TITLE IN AND TO CERTAIN LAND,
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007
Page 3 of 11
SPECIFICALLY, 11.2 ACRES, TRACT 6, R.D. PRICE SURVEY, AND 6.546 ACRES,
TRACT 4, H.O. THROOP SURVEY, TRACTS 7 AND 8, R.D. PRICE SURVEY FOR PARK
PURPOSES OR FOR OTHER PURPOSES AS PERMITTED BY LAW.
Agenda Item No. 9A. Amend the urban design studv contract with Townscave. Inc. for $41.500
to perform a -turn and signal timing studies. A presentation was not made on this item.
Motion was made to approve consent agenda items 4A, 413, 4C subject to Plat Review Summary
No. 2, dated March 29, 2007, 4D, 4E, and 9A.
Motion: Terrell
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
REGULAR AGENDA:
Agenda Item No. 5. Public Forum No one spoke.
Agenda Item No. 6A. Ordinance No. 906, 2nd Reading, to cancel the May 12, 2007, General
Election and to declare each unopposed candidate elected to office, and providing an effective
date. Mayor Wambsganss presented this item to Council. In accordance with Section 4.21 of the
City Charter, the caption for this item is listed as follows:
AN ORDINANCE CANCELING THE MAY 12, 2007, GENERAL ELECTION AND
DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; AND
PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 906, 2 Reading, to cancel the May 12, 2007,
General Election and to declare each unopposed candidate elected to office; and providing an
effective date.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 6B. ZA06 -187. Site Plan for Masco Service Comoration_ located at
1200 North Kimball Avenue. Current Zoning: B -1 Business Service Park District. SPIN
Neighborhood #5. Director Baker presented this item to Council in conjunction with
items 6C and 6D. Applicant Shane Bostick, 501 2 Avenue, Dallas, Texas, made a
presentation and answered Council's questions.
No one spoke during the public hearing.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007
Page 4 of 11
Motion was made to approve ZA06 -187, Site Plan for Masco Service Corporation, located at
1200 North Kimball Avenue granting the requested variances related to driveway stacking depth
and building articulation; accepting applicant's agreement to make all trees which are identified
as canopy trees 4 -inch caliper rather than some of them being 3 -inch caliper; and subject to Site
Plan Review Summary No. 6, dated April 11, 2007.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 6C. Approve Right -of -way Encroachment Agreement for Masco Service
Corporation Director Baker presented this item in conjunction with items 6B and 6D. Applicant
Shane Bostick, 501 2nd Avenue, Dallas, Texas, made a presentation and answered Council's
questions.
Motion was made to approve Right -of -way Encroachment Agreement for Masco Service
Corporation as presented by staff for a period of ten years.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Aizenda Item No. 6D. ZA06 -023. Plat Showing for Lots 19 and 20. F. Throob No. 1511
Addition. located at 1200 North Kimball Avenue. Current Zoning: B -1 Business Service Park
District. SPIN Neighborhood #5. Director Baker presented this item in conjunction with items
6B and 6C. Applicant Shane Bostick, 501 2nd Avenue, Dallas, Texas, made a presentation and
answered Council's questions.
Motion was made to approve ZA06 -023, Plat Showing for Lots 19 and 20, F. Throop No. 1511
Addition, located at 1200 North Kimball Avenue subject to Plat Review Summary No. 4, dated
March 28, 2007.
Motion: Jones
Second: Hill
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 6E. Ordinance No. 480 -PPP, 2nd Reading, Amendment to the Comprehensive
Zoning Ordinance, Section 43, General Development Standards, Masonry Requirements. Chief
Planner Narayana presented this item to Council in conjunction with item 6F. In accordance with
Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; AS
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007
Page 5 of 11
IT PERTAINS TO MASONRY REQUIREMENTS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABIL.ITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480 -PPP, 2 Reading, Amendment to the
Comprehensive Zoning Ordinance, Section 43, General Development Standards, Masonry
Requirements as presented by staff.
Motion: Terrell
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 6F. Ordinance No. 557 -A, 2nd Reading„ Amendment to the Masonry
Ordinance, Section 2, Definitions of masonry material. Chief Planner Narayana presented this
item to Council in conjunction with item 6E. In accordance with Section 4.21 of the City
Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 557, AS AMENDED, BEING AN
ORDINANCE ADOPTING REQUIREMENTS FOR MASONRY CONSTRUCTION OF
EXTERIOR WALLS OF BUILDINGS WITHIN THE CITY OF SOUTHLAKE, TEXAS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 557 -A, 2 Reading, Amendment to the Masonry
Ordinance, Section 2, Definitions of masonry material as presented by staff.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 6G. Ordinance No. 480 -518, 2nd Reading, (ZA06 -174), Zoning Change and
Site Plan for St. John's Baptist Church, located at 900 South Kimball Avenue. Current Zoning: I-
1 Light Industrial District. Requested Zoning: CS Community Service District. SPIN
Neighborhood 97. Director Baker presented this item to Council. Applicant Brian Averett with
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007
Page 6 of 11
Graham and Associates made a presentation and answered Council's questions. In accordance
with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS LOT
4R4R, GREEN MEADOW SUBDIVISION, AND BEING APPROXIMATELY 2.944 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I -1"
LIGHT INDUSTRIAL DISTRICT TO "CS" COMMUNITY SERVICE DISTRICT, AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480 -518, 2n Reading, (ZA06 -174), Zoning Change
and Site Plan for St. John's Baptist Church noting the applicant's agreement to enhance the rural
feel along Crooked Lane with a minimum of 4 -inch caliper trees and will work the Landscape
Administrator to work with the applicant to establish the route of the sidewalk through the trees;
noting applicant has agreed to construct a five foot sidewalk along the western edge of the
property and along the north all the way to Kimball Avenue; subject to the recommendations of
the Planning and Zoning Commission specifically granting the requested variance on 10%
reduction of parking and variance on stacking depth; allowing no driveway access onto Crooked
Lane; and subject to Site Plan Review Summary No. 5, dated March 27, 2007.
Motion: Terrell
Second: Muzyka
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 6H. Ordinance No. 480 -519, 2nd Reading, (ZA06 -190), Zoning Change and
Concebt Plan for Lot 24. F. Throob No. 1511 Addition. located at 1497 East Dove Street.
Current Zoning: AG Auricultural District. Reauested Zoning: SF -30 Single Familv Residential
District. SPIN Neighborhood 95. Chief Planner Narayana presented this item to Council. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007
Page 7 of 11
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT
lAl, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. 1511, BEING
APPROXIMATELY 0.847 ACRE, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -30" SINGLE FAMILY
RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO
THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING
THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480 -519, 2nd Reading, (ZA06 -190), Zoning Change
and Concept Plan for Lot 24, F. Throop No. 1511 Addition, located at 1497 East Dove Street
subject to Concept Plan Review Summary No. 3, dated March 16, 2007.
Motion: Jones
Second: Morris
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 6I. Ordinance No. 480 -520, 2nd Reading, (ZA07 -024), Zoning Change and
Concept Plan for Lot 14, H. Granberry No. 581 Addition, located at 440 and 480 South White
Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF-IA Single
Family Residential District. SPIN Neighborhood #14. Chief Planner Narayana presented this
item to Council. In accordance with Section 4.21 of the City Charter, the caption for this item is
listed as follows:
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS;
GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING LEGALLY DESCRIBED AS
TRACTS 3H AND 31-11, SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO.
581, BEING APPROXIMATELY 2.007 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-IA"
SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT
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Page 8 of 11
"B ", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF
THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS
AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
No one spoke during the public hearing.
Motion was made to approve Ordinance No. 480 -520, 2 nd Reading, (ZA07 -024), Zoning Change
and Concept Plan for Lot 14, H. Granberry No. 581 Addition subject to Concept Plan Review
Summary No. 3, dated March 16, 2007.
Motion: Morris
Second: Jones
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 6J. Resolution No. 07 -017, (ZA07 -039), Specific Use Permit for a
telecommunications tower located at 340 Miron Drive. Current Zoning: B -1 Business Service
Park District. SPIN Neighborhood 98 . Director Baker presented this item to Council in
conjunction with item 6K. Applicant Chris Prescott with American Tower made a presentation
and answered Council's questions. After discussion, Mr. Prescott asked to table this item to the
May 1, 2007, City Council meeting.
Motion was made to table Resolution No. 07 -017, (ZA07 -039), Specific Use Permit for a
telecommunications tower located at 340 Miron Drive to the May 1, 2007, City Council meeting.
Motion: Terrell
Second: Stansell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0 (to table)
Auenda Item No. 6K. Resolution No. 07 -018. (ZA07 -040). Specific Use Permit for a
telecommunications tower located at 3700 North White Chapel Boulevard. Current Zoning: CS
Community Service District. SPIN Neighborhood #1 Director Baker presented this item to
Council in conjunction with item 6J. Applicant Chris Prescott with American Tower made a
presentation and answered Council's questions. After discussion, Mr. Prescott asked to table this
item to the May 1, 2007, City Council meeting.
Motion was made to table Resolution No. 07 -018, (ZA07 -040), Specific Use Permit for a
telecommunications tower located at 3700 North White Chapel Boulevard to the May 1, 2007,
City Council meeting.
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007
Page 9 of 11
Motion:
Terrell
Second:
Stansell
Ayes:
Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays:
None
Approved:
7 -0 (to table)
Agenda Item No. 6L. Ordinance No. 907, 2nd Reading„ Amending Chapter 10, Article V, 'Public
Smoking," of the Southlake City Code. Director Baker presented this item to Council. In
accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows:
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE V, "PUBLIC SMOKING' OF THE
SOUTHLAKE CITY CODE TO PROHIBIT SMOKING IN ALL PUBLIC BUILDINGS, AND
WITHIN 12 FEET OF THE ENTRANCE TO A PUBLIC BUILDING, REQUIRING "NO
SMOKING' SIGNS IN RESTAURANTS, BARS, AND TAVERNS; AND PROHIBITING
CERTAIN ACTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SAVINGS AND
CODIFICATION; PROVIDING FOR A PENALTY AND PUBLICATION; AND
DECLARING AN EFFECTIVE DATE.
Mayor Wambsganss opened the public hearing.
Scott Parizo, 1407 McCrae, Southlake, Texas, did not wish to speak, but recorded his support.
Greg Billingsley spoke in opposition.
Mayor Wambsganss closed the public hearing.
Council continued discussion of this proposed ordinance.
Motion was made to approve Ordinance No. 907, 2 Reading, Amending Chapter 10, Article V,
"Public Smoking," of the Southlake City Code, as presented and effective June 1, 2007, and also
prohibiting smoking in any hotel.
Motion: Terrell
Second: Stansell
Ayes: Hill, Jones, Morris, Muzyka, Terrell, Stansell, Wambsganss
Nays: None
Approved: 7 -0
Agenda Item No. 11. Adjournment. Mayor Wambsganss adjourned the meeting at 9:32 p.m.
*An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
Andy Wambsganss
Mayor
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007
Page 10 of 11
ATTEST:
Lori Payne, TRMC
City Secretary
REGULAR CITY COUNCIL MEETING MINUTES, APRIL 17, 2007
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