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2009-02-17 Regular CC Meeting CITY OF SOUTHLAKE TEXAS REGULAR CITY COUNCIL MEETING: FEBRUARY 17.2009 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall WORK SESSION: 5:00 P.M. 1. Call to order. 2. Invocation: Doug Allison, Chaplain of the Month 3. Discuss request by Alliance for Children for City of Southlake participation in their Child Abuse Prevention Month awareness campaign. 4. Discuss updates to Ordinance No. 895 water conservation and Ordinance No. 662 drought contingency/emergency water management plan. 5. Discuss arterial street lighting options. 6. 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 551.072: Deliberation regarding real property a. Acquisition of right-of-way for T.W. King 30-inch water line. 2. 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: C A. Mayor's Report City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 17, 2009 Page 2 of 6 1. Update of upcoming meetings and events B. City Manager's Report 1. City project progress report C. Parks and Recreation Board Report 1. Update of upcoming meetings and events 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 minutes from the February 3, 2009 regular City Council meeting. B. Resolution No. 09-007, Approve a resolution of support for the construction of the DFW Connector Project by TxDOT. C. Approve the renaming of Plaza Park to "Frank Edgar Cornish, IV Park." D. Approve the concept design for improvements to the Plaza Park pergolas. E. Ordinance No. 480-579, 1St Reading (ZA08-062), Zoning Change and Concept Plan for 520 South White Chapel Boulevard on property being described as Tract 3E, Hiram Granberry Survey, Abstract No. 581 and being located at 520 South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #14. THIS ITEM HAS BEEN TABLED TO THE MARCH 3, 2009 CITY COUNCIL MEETING. REGULAR AGENDA: 5. Public Forum. (The Public Forum will not begin prior to 7:00 p.m.) 6. Ordinances, second readings, public hearings, and related items: A. ZA07-144, Site Plan for Lot 1, Players Circle on property being legally described as Lot 1, Block 1, Players Circle Addition and being located at 1901 West Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN Neighborhood #16. PUBLIC HEARING B. Ordinance No. 480-578, 2nd Reading (ZA08-075), Zoning Change and Development Plan for Ridgeview at Southlake being Tracts 2A, 2A1, 2A5C, and 2A6, W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and 1C, Thomas J. Thompson Survey, Abstract No. 1502 and located at 505, City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 17, 2009 Page 3 of 6 507, 511, 515, and 519 Davis Boulevard. Current Zoning: AG Agricultural District, S-P-1 Detailed Site Plan District, and SF-20A Single Family Residential District. Proposed Zoning: TZD Transition Zoning District. SPIN Neighborhood #16. PUBLIC HEARING C. ZA08-102, Preliminary Plat for Ridgeview at Southlake being Tracts 2A, 2A1, 2A5C, and 2A6 W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and 1C, Thomas J. Thompson Survey, Abstract No. 1502 and being located at 505, 507, 511, 515, and 519 Davis Boulevard. Current Zoning: AG Agricultural District, S-P-1 Detailed Site Plan District, and SF-20A Single Family Residential District. Proposed Zoning: TZD Transition Zoning District. SPIN Neighborhood #16. D. Ordinance No. 480-187b, 2nd Reading (ZA08-109), Zoning Change and Site Plan for The Spanish Schoolhouse at the 280 Sports Complex on property being described as Lot 2R, Block B, Commerce Business Park Addition and being located at 280 Commerce Street. Current Zoning: S- P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood V. PUBLIC HEARING E. Resolution No. 09-008, (ZA08-099) Specific Use Permit for a Mass Gathering for Southlake Green Day Event on property being described as Blocks 7 and 8, and adjacent right-of-way, Southlake Town Square, Phase I and being located at 1400 Fountain Place and 1400 East Southlake Boulevard. Current Zoning: DT Downtown District. SPIN Neighborhood #8. PUBLIC HEARING 7. Ordinances, first readings, and related items: A. Ordinance No. 480-343a, 1St Reading (ZA08-112), Zoning Change and Site Plan for Safety Town Park on property being described as Lot 3, Block 1, Corner Addition and being located at 2100 West Southlake Boulevard and 200 North Randol Mill Avenue. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #13. (If approved at first reading, the public hearing will be held March 3, 2009.) 8. Resolutions: A. Resolution No. 09-009, Authorize the city attorney to bring condemnation action for the purpose of obtaining a right of way for construction and maintenance of roundabout intersection improvements at the intersection of East Dove Road and North Carroll Avenue from Lot 1, Block 1, Emerald Estates South located at 2379 North Carroll Avenue. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 17, 2009 Page 4 of 6 9. Other items for consideration: A. Approve concept design for F.M. 1709 median landscaping. 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, February 13, 2009, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. • e l Lori Payne, TRM = ' q/ CD City Secretary If you plan to attend this public 'fn~!!~! "shave a disability that requires special needs, please advise the City Secretary's Officeurs in advance at 817-748-8016 and reasonable accommodations will be made to assist you. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 17, 2009 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. Michael Kenny vs. City of Southlake. April 2008. 3. Jayson Steele vs. City of Southlake. August 2008. 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork City of Southlake City Council meeting agenda February 17, 2009 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. City of Southlake values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork OFFICIAL RECORD CITY OF C Ulg SOUTH LAKE TEXAS REGULAR CITY COUNCIL MEETING MINUTES: FEBRUARY 17.2009 LOCATION: 1400 Main Street, Southlake, Texas Council Chambers in Town Hall CITY COUNCIL PRESENT: Mayor Andy Wambsganss, Mayor Pro Tern John Terrell, and Councilmembers Laura K. Hill, Pamela Muller, Virginia M. Muzyka, and Vernon Stansell. CITY COUNCIL ABSENT: Deputy Mayor Pro Tern Gregory Jones. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Assistant City Manager Ben Thatcher, Assistant to the City Manager Alison Ortowski, Community Relations Officer Pilar Schank, Director of Information Technology Dale Dean, SQL Database Administrator Sam Cobb, Information Systems Technician Vicky Roche, Director of Community Services Chris Tribble, Deputy Director of Community Services Kerry McGeath, Construction Manager Peter Kao, Director of Finance Sharen Jackson, Director of Human Resources Kevin Hugman, Director of Planning and Development Services Ken Baker, Chief Building Official Paul Ward, Planner II Clayton Comstock, Planner I Daniel Cortez, Chief of Police Services Robert Finn, Chief of Fire Services Mike Starr, Director of Public Works Robert H. Price, Deputy Director of Public Works Gordon Mayer, Civil Engineer Michael James, Civil Engineer Cheryl Taylor, Public Works Operations Manager Chuck Kendrick, 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 5:08 p.m. Agenda Item No. 2. Invocation. Chaplain of the Month Doug Allison gave the invocation. Mayor Wambsganss led the pledge of allegiance. Agenda Item No. 3. Discuss request by Alliance for Children for City of Southlake participation in their Child Abuse Prevention Month awareness campaign. Assistant City Manager Thatcher made opening comments and then introduced Associate Director of Alliance for Children Julie Evans who presented this item to Council and answered their questions. C Agenda Item No. 4. Discuss updates to Ordinance No. 895 water conservation and Ordinance No. 662 drought contingency/emergency water management plan. Public REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 17, 2009 Page 1 of 8 Operations Manager Kendrick presented this item to Council and answered their questions. Agenda Item No. 5. Discuss arterial street lighting options. Civil Engineer James presented this item to Council and answered their questions. Director Price also answered Council's questions. Agenda Item No. 6. Discuss all items on tonight's meeting agenda. City Council reviewed the consent agenda items with city staff. Item 8A was added to the consent agenda. Mayor Wambsganss closed the work session at 6:12 p.m. REGULAR SESSION: Agenda Item No. 1. Call to order. The regular session was called to order by Mayor Wambsganss at 6:12 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, seek advice from the city attorney, and Section 551.087, deliberation regarding economic development negotiations. City Council adjourned for Executive Session at 6:13 p.m. Executive Session began at 6:45 p.m. and ended at 7:34 p.m. Agenda Item No. 2B. Reconvene. Mayor Wambsganss reconvened the regular meeting at 7:44 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3A1. Mayor's Report -update of upcoming meetings and events. Mayor Wambsganss announced upcoming meetings and events. Councilmember Hill discussed the SPARK event on February 24 which will present Rachel's Challenge to the community. Agenda Item No. 3131. City Manager's Report - city projects progress report. City Manager Yelverton reported on City projects and announced that Standard and Poor's upgraded the City's bond rating from AA to AAA. Agenda Item No. 3C. Parks and Recreation Board Report. Park Board member Elaine Cox presented announced upcoming meetings and events. CONSENT AGENDA: Consent agenda items are considered to be routine by the City Council and are enacted with one motion. Mayor Wambsganss read the items into the record. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 17, 2009 Page 2 of 8 Agenda Item No. 4A. Approve minutes from the February 3, 2009 regular City Council meeting. The minutes were approved as presented. Agenda Item No. 4B. Resolution No. 09-007, Approve a resolution of support for the construction of the DFW Connector Project by TxDOT. 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 COUNCIL OF THE CITY OF SOUTHLAKE EMPHASIZING THE IMPORTANCE OF THE DFW CONNECTOR PROJECT TO THE IMPROVEMENT OF TRANSPORTATION MOBILITY IN THIS AREA AND THE ENTIRE DFW METROPLEX. Agenda Item No. 4C. Approve the renaming of Plaza Park to "Frank Edgar Cornish, IV Park." Director Tribble presented this item to Council during the work session. Mr. Cornish's wife, Robin, thanked Council for considering this item in honor of her late husband. Agenda Item No. 4D. Approve the concept design for improvements to the Plaza Park pergolas. A presentation was not made on this item. Agenda Item No. 4E. Ordinance No. 480-579, 1St Reading (ZA08-062), Zoning Change and Concept Plan for 520 South White Chapel Boulevard on property being described as Tract 3E, Hiram Granberry Survey, Abstract No. 581 and being located at 520 South White Chapel Boulevard. Current Zoning: AG Agricultural District. Requested Zoning: SF-20A Single Family Residential District. SPIN Neighborhood #14. This item was tabled to the March 3, 2009, City Council meeting. Agenda Item No. 8A. Resolution No. 09-009, Authorize the city attorney to bring condemnation action for the purpose of obtaining a right of way for construction and maintenance of roundabout intersection improvements at the intersection of East Dove Road and North Carroll Avenue from Lot 1. Block 1, Emerald Estates South located at 2379 North Carroll Avenue. 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 A RIGHT OF WAY FOR THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF ROUNDABOUT INTERSECTION IMPROVEMENTS OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW. Motion was made to approve consent agenda items 4A; 413; 4C; 4D; to table 4E to the March 3, 2009 City Council meeting; and 8A. Motion: Terrell Second: Muyzka Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 17, 2009 Page 3 of 8 Nays: None Approved: 6-0 REGULAR AGENDA: Agenda Item No. 5. Public Forum. Mayor Wambsganss opened the public forum. No one spoke during public forum. Agenda Item 6A. ZA07-144, Site Plan for Lot 1, Players Circle on property being legally described as Lot 1, Block 1, Players Circle Addition and being located at 1901 West Southlake Boulevard. Current Zoning: C3 General Commercial District. SPIN Neighborhood #16. Planner Comstock presented this item to Council. Applicant Bennet Liu, 4628 Redwood Court, Irving, Texas answered Council's questions. Council discussed this request. No one spoke during the public hearing. Motion was made to deny ZA07-144, Site Plan for Lot 1, Players Circle. Motion: Terrell Second: Stansell Ayes: Hill, Muzyka, Stansell, Terrell, Wambsganss Nays: None Abstains: Muller Approved: 5-0-1 (to deny) Agenda Item No. 6B. Ordinance No. 480-578, 2nd Reading (ZA08-075), Zoning Change and Development Plan for Ridgeview at Southlake being Tracts 2A, 2A1, 2A5C, and 2A6 W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and 1C, Thomas J. Thompson Survey Abstract No. 1502 and located at 505, 507, 511, 515, and 519 Davis Boulevard. Current Zoning: AG Agricultural District, S-P-1 Detailed Site Plan District, and SF-20A Single Family Residential District. Proposed Zoning: TZD Transition Zoning District. SPIN Neighborhood #16. Planner Comstock presented this item to Council in conjunction with item 6C. Applicant Curtis Young with Sage Group, 1130 North Carroll Avenue, Southlake, Texas 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 DESCRIBED AS TRACTS 2A, 2A1, 2A5C, AND 2A6 IN THE W.R. EAVES SURVEY, ABSTRACT NO. 500 AND TRACTS 1 AND 1C, THOMAS J. THOMPSON SURVEY, ABSTRACT NO. 1502, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 13.22 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM ""AG" AGRICULTURAL DISTRICT, "S-P-1" DETAILED SITE PLAN DISTRICT, AND "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "S-P-1" DETAILED SITE PLAN DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 17, 2009 Page 4 of 8 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. 480-578, 2nd Reading (ZA08-075), Zoning Change and Development Plan for Ridgeview at Southlake subject to the CC&R's as submitted; approving the modifications and variances as requested, however, requiring a six-foot (instead of the proposed five-foot) sidewalk on Davis Boulevard; subject to Development Review Summary No. 3, dated October 31, 2008; and subject to a requirement that on-street parking not be restricted to businesses only. Motion: Stansell Second: Muzyka Ayes: Hill, Muzyka, Stansell, Terrell, Wambsganss Nays: Muller Approved: 5-1 Agenda Item No. 6C. ZA08-102, Preliminary Plat for Ridgeview at Southlake being Tracts 2A, 2A1, 2A5C, and 2A6 W.R. Eaves Survey, Abstract No. 500 and Tracts 1 and 1C, Thomas J. Thompson Survey, Abstract No. 1502 and being located at 505, 507, 511, 515, and 519 Davis Boulevard. Current Zoning: AG Agricultural District, S-P-1 Detailed Site Plan District, and SF-20A Single Family Residential District. Proposed Zoning: TZD Transition Zoning District. SPIN Neighborhood #16. Planner Comstock presented this item to Council in conjunction with item 6B. Applicant Curtis Young with Sage Group, 1130 North Carroll Avenue, Southlake, Texas answered Council's questions. Motion was made to approve ZA08-102, Preliminary Plat for Ridgeview at Southlake subject to Plat Review Summary No. 1, dated October 31, 2008. Motion: Stansell Second: Terrell Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 6D. Ordinance No. 480-187b, 2nd Reading (ZA08-109), Zoning Change and Site Plan for The Spanish Schoolhouse at the 280 Sports Complex on property being described as Lot 2R, Block B, Commerce Business Park Addition and REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 17, 2009 Page 5 of 8 being_ located at 280 Commerce Street. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #7. Director Baker presented this item to Council and answered Council's questions. Applicant Christi Abercrombie 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 2R, BLOCK B, COMMERCE BUSINESS PARK, BEING APPROXIMATELY 4.15 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S-P-1" DETAILED SITE PLAN DISTRICT WITH 14" LIGHT INDUSTRIAL DISTRICT USES TO INCLUDE RETAIL FURNITURE SALES (AS CURRENTLY EXISTS) AND INDOOR ENTERTAINMENT USES TO "S-P-1" DETAILED SITE PLAN DISTRICT WITH 14" LIGHT INDUSTRIAL DISTRICT USES TO INCLUDE RETAIL FURNITURE SALES (AS CURRENTLY EXISTS), INDOOR ENTERTAINMENT USES PRE-SCHOOL AND KINDERGARTEN, 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. Council continued discussion of this request. Motion was made to approve Ordinance No. 480-187b, 2nd Reading (ZA08-109), Zoning Change and Site Plan for The Spanish Schoolhouse at the 280 Sports Complex subject to the recommendations of the Planning and Zoning Commission; subject to City Council's motion on first reading; accepting the applicant's commitment to install Japanese holly outside the fence that will eventually grow six feet in height; requiring the installation of a wrought iron fence which would be anchored as presented except that the applicant will add stone columns in accordance with existing spacing that already exists on the rest of the building with no less than four columns; and granting the variance for the reduction in landscape islands. Motion: Stansell Second: Terrell Ayes: Hill, Muzyka, Stansell, Terrell, Wambsganss Nays: Muller REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 17, 2009 Page 6 of 8 Approved: 5-1 Agenda Item No. 6E. Resolution No. 09-008, (ZA08-099) Specific Use Permit for a Mass Gathering for Southlake Green Day Event on property being described as Blocks 7 and 8, and adjacent right-of-way, Southlake Town Square, Phase I and being located at 1400 Fountain Place and 1400 East Southlake Boulevard. Current Zoning: DT Downtown District. SPIN Neighborhood #8. Director Baker presented this item to Council and answered their questions. Director Tribble also answered Council's questions. Applicant Audra Lewandowski, 405 Indian Paintbrush Way, Southlake, Texas, and President of Greenfellows, Inc. 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: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A MASS GATHERING EVENT FOR SOUTHLAKE GREEN DAY EVENT ON MARCH 28, 2009 ON PROPERTY LOCATED AT 1400 FOUNTAIN PLACE AND 1400 EAST SOUTHLAKE BOULEVARD BEING LEGALLY DESCRIBED AS BLOCKS 7 AND 8, AND ADJACENT RIGHT-OF-WAY, SOUTHLAKE TOWN SQUARE, PHASE I, 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 on spoke during the public hearing. Motion was made to approve Resolution No. 09-008, (ZA08-099) Specific Use Permit for a Mass Gathering for Southlake Green Day Event as presented. Motion: Stansell Second: Hill Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Mayor Wambsganss called for a break at 9:29 p.m. and reconvened the meeting at 9:43 p.m. Agenda Item No. 7A. Ordinance No. 480-343a, 1St Reading (ZA08-112), Zoning Change and Site Plan for Safety Town Park on property being described as Lot 3, Block 1, Corner Addition and being located at 2100 West Southlake Boulevard and 200 North Randol Mill Avenue. Current Zoning: S-P-1 Detailed Site Plan District. Requested Zoning: S-P-1 Detailed Site Plan District. SPIN Neighborhood #13. Director Baker presented this item to Council. Chief Finn also made a presentation and answered Council's questions. Council discussed this request. REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 17, 2009 Page 7 of 8 Assistant City Manager / Director Blagg answered Council's questions. Mayor Wambsganss allowed the public to speak. Dianne Dorman, 100 Ascot Drive, Southlake, Texas stated her concerns about the project. Motion was made to approve Ordinance No. 480-343a, 1St Reading (ZA08-112), Zoning Change and Site Plan for Safety Town Park as presented. Motion: Terrell Second: Muzyka Ayes: Hill, Muller, Muzyka, Stansell, Terrell, Wambsganss Nays: None Approved: 6-0 Agenda Item No. 9A. Approve concept design for F.M. 1709 median landscaping. Director Tribble presented this item to Council and answered Council's questions. Landscape Architect with Jacobs Engineering, Randy Sorensen, answered Council's questions. Council discussed this item. Motion was made to approve concept design for F.M. 1709 median landscaping as presented and directing staff to evaluate the extension of the Town Square median portion to Summit Avenue as recommended by Councilmember Muller. Motion: Terrell Second: Muzyka Ayes: Hill, Muller, Muzyka, Terrell, Wambsganss Nays: Stansell Approved: 5-1 Agenda Item No. 11 Meeting adjourned. Mayor Wambsganss adjourned the meeting at 10:46 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. Andy Wam sganss Mayor ATTEST: ~QV~ q• ~A F • 'fA. CL- Lori Payne, TRM City Secretary •'•••.,...•••'`fir suu~~~N~~ REGULAR CITY COUNCIL MEETING MINUTES, FEBRUARY 17, 2009 Page 8 of 8